ABSTRACT
This book highlights the urgent need for reform within Mozambique’s criminal justice system. Presently, the state’s legal processes are characterised by delays, high costs and complexity that disproportionately impacts the most vulnerable members of society. The punitive use of imprisonment, without addressing the underlying issues or providing rehabilitation, exacerbates these challenges.
Postcolonial theory calls for a reckoning with colonial legacies and advocates for investment in local experiences to transform the criminal justice system. It emphasises the importance of considering socio-economic factors in criminal cases and seeks to decolonise the state’s approach to justice.
Community courts in Mozambique, which are characterised by their simplicity, accessibility and commitment to restorative justice, enjoy high levels of public trust and widespread use. They operate efficiently and serve as a valuable alternative to the formal state justice system often perceived as distant, expensive and bureaucratic. To effectively implement these changes, several recommendations are put forth as follows:
Recognise and respect the local knowledge practiced in community courts by incorporating it into legal language, policies and educational curricula;
Raise awareness about the role and potential of community courts in the criminal justice system through public campaigns and educational initiatives; and
Revise and promulgate Law 4/1992 by expanding the jurisdiction of community courts to handle crimes punishable by imprisonment of up to three years.
