ABSTRACT
The chapter provides an insightful analysis of the multifaceted challenges related to access to justice in Mozambique, including linguistic hurdles, limited internet accessibility to the law and geographical disparities in court accessibility. It underscores the critical shortage of judicial personnel that results in impediments to navigating the state’s justice system. The chapter also examines Mozambique’s historical evolution, starting with the colonial era’s imposition of Portuguese law and customs that sidelined local dispute resolution mechanisms. It traces the nation’s transition to indirect rule and acknowledges the role of traditional authorities and the subsequent struggle for independence.
Post-independence, the chapter examines the pivotal role of the Mozambican Liberation Movement (FRELIMO), the shift from popular justice to a formalised judicial framework and the influence of traditional authorities during the civil conflict. It further elucidates the transformative impact of Mozambique’s transition from socialism to capitalism in the 1990s.
In the contemporary context, the text explores the legal pluralism approach while not only acknowledging customary practices within the constitution but also recognising the constraints imposed by the repugnancy clause. This comprehensive analysis illustrates how historical legacies, including colonial influences, persistently shape the state’s approach to legal pluralism within Mozambique’s criminal justice framework.
