Transforming the foundations of family law in the course of the Mozambican revolution

Abstract

Traditional law, the system of rules formerly applied by the traditional courtswhether of the chiefs or religious leaders still influences to a greater or lesser extent the behaviour of large sections of Mozambican people, but is not used as a formal source of law in the state courts of independent Mozambique. A study of the operation of more than six hundred local courts, dozens of district courts, ten provincial courts and the appeal court shows that the emerging legal system, based on the principles of what is called Popular Justice, draws extensively on certain aspects of traditional law without incorporating its rules into its normative system. The courts do not recognise different systems of family law for different groups. Race, place of birth, ethnic origin, religion, social occupation, style of life, degree of 'civilisation' or 'assimilation', to use the tests that have been or are still applied elsewhere in the continent, are irrelevant in determining the rights and duties of parties. There are no chiefs' courts or religious courts, only a single State court system operating in terms of the uniform principles of Popular Justice. There is no system of internal conflict of laws to decide which personal law is applicable in a particular situation, because there is only one system of law for all, what is regarded as a Mozambican law for Mozambican citizens, rather than a law of tribes, religious groups, races or social classes. The Constitution of the People's Republic of Mozambique, adopted by acclamation by the Central Committee of FRELIMO a few weeks before Independence on 25th June 1975, declares unequivocally that: