ABSTRACT
The chapter unveils Mozambique’s intricate community justice system, encompassing community courts, regulos and neighbourhood secretaries, that operates in tandem with state institutions. These community courts, originating from local Popular Courts since 1978, gained official recognition in 1992 and function independently, and they adjudicate civil and minor criminal cases in accordance with community traditions.
Community courts enjoy unwavering trust among Mozambicans, effectively resolving over 80% of conflicts, especially in familial and communal disputes. Their informal yet efficient conflict resolution methods underpin this high degree of trust.
The community courts offer six distinct advantages for the criminal justice system: they embrace legal pluralism, exhibit remarkable growth, maintain a superior judge-to-population ratio compared to state judges, witness widespread public engagement, command trust and garner political recognition. In 2020, the Mozambican Penal Code reinstated the jurisdiction of community courts over minor criminal matters, which offers an avenue to effectively address minor offenses and alleviate the burden on the state’s criminal justice system. However, the establishment of a central criminal record system is deemed essential for managing repeat offenders.
Despite facing challenges related to gender balance and working conditions, community court judges remain deeply committed to their communities, and they serve voluntarily. Ongoing efforts are being made to secure subsidies and improve the appointment process.
