Mozambique

1. Composition and structure

Number of members:

10.

Recruitment procedures and incompatibilities:

The members of the Administrative Tribunal are recruited by the Superior Council of Administrative Judicature amongst the persons having a licence in law or amongst the high civil servants.
The President of the Tribunal is appointed by the President of the Republic. The nomination has to be confirmed by the Assembly of the Republic for a renewable period of five years.
As long as the aforementioned Superior Council of Judicature is not operational, the judges are appointed by the President of the Republic.
The function of magistrate is incompatible with any other, except with the activities of teacher and researcher.

Internal organization:

- Plenary session: the President of the Tribunal and all the active judges, the president having a casting vote. The plenary session intervenes as judge in the last instance.
- First section: public law disputes. It is competent in first instance and is composed of three judges.
- Second section: litigations concerning taxes and customs. According to the nature of the trial, it is competent either in first or in second instance. It is composed of three judges.
- The third section is subdivided into a first sub-section (supervision of public expenses) and a second sub-section (visas). It is made up of three judges and is competent in first instance.

Publications:

None.

2. Jurisdictional attributions and advice

Court functions

Jurisdiction:

The Administrative Tribunal is the highest Court in administrative matters.
Actions against administrative acts or against the organs or agents of a public authority whose activities are the cause of a damage.
Actions against an individual or concessionaire in order to make prevail the rules of the administrative law.
Actions in matters of taxes and customs.
Appeal against the rulings of the Audit Office.

Organization of the courts system:

A section of the Administrative Tribunal adjudicates in first instance; the ruling may be challenged in appeal before the plenary assembly of the Tribunal which judges in last instance.
In some cases (according to the identity of the claimant), the plenary assembly judges in first and last resort.

Powers of the judge:

Annulment and compensation.

Advisory functions

None.