ABSTRACT
This chapter introduces the challenges faced by Mozambique’s judicial system and prisons in the past two decades. The introduction highlights issues such as the high costs of accessing courts, prison overcrowding and a lack of judicial resources. The system primarily relies on imprisonment, even for minor crimes, which results in overcrowded prisons. The chapter also introduces the concept of legal pluralism in Mozambique, where non-state mechanisms, such as community courts, traditional authorities and civil society organizations, play a significant role in resolving civil and criminal disputes.
Community courts are particularly affordable and closer to the people, and they adopt a restorative approach. Despite their potential, community courts have gradually been abandoned by the state, mirroring the colonial-era neglect of local conflict resolution mechanisms. The chapter introduces the need to recognise the valuable role of community courts in the state’s criminal justice system and suggests that they can help address the challenges associated with minor criminal offenses and prison conditions.
Furthermore, the chapter outlines the research methodology used in the study, including interviews, focus group discussions, and case file analysis. It explains the rationale for selecting Maputo as a case study due to its distinct challenges within the criminal justice system and the rapid increase in community courts in the city.
