Friday 25 August 2023I SERIES - number 165

REPUBLIC BULLETIN
OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE

SUPPLEMENT
NATIONAL PRESS OF MOZAMBIQUE, E.P. the interests of the respective populations, without prejudice to
national interests and the participation of the State.
AVISO
ARTICLE 4
The material to be published in the "Boletim da República" must be sent in duly certified
copies, one for each subject, containing, in addition to the information required for this purpose, (Creation)
the following signed and authenticated endorsement: For publication in the "Boletim da
República". 1. Local authorities are created in accordance with the law.
2. The creation of local authorities is based on the level
economic development of the respective district
and is preceded by consultation with the decentralised
SUMMARY provincial governance bodies and state representatives in the
Assembly of the Republic: province, as well as civil society.
3. The creation of local authorities respects and takes into
Law no. 12/2023: account the following factors:
Basic law on the creation, organisation and functioning of a) geographical, demographic, economic, social, cultural
local authorities and repeals Law no. 6/2018, of 3 August, and administrative;
amended and republished by Law no. 13/2018, of 17 b) national or local interests;
December. c) historical and cultural reasons;
d) assessing the capacity to generate revenue to fulfil
the tasks assigned to them.
4. The creation of local authorities follows the principle o f
ASSEMBLY OF THE REPUBLIC gradualism.
Law no. 12/2023 5. The transfer of competences from state bodies to local
authorities follows the principle of gradualism.
of 25 August 6. It is up to the Assembly of the Republic, on a proposal
In view of the need to review the general bases for the from the Council of Ministers, to approve the territorial limits or
creation, organisation and functioning of local authorities, levels of local authorities.
under the provisions of Article 178(1), in conjunction with ARTICLE 5
Article 289(9), both of the Constitution of the Republic, the
Assembly of the Republic determines: (Extinction)
The following factors are taken into consideration when local
CHAPTER I authorities are abolished:
General Provisions a) changes in the country's administrative organisation
ARTICLE 1 that are incompatible with the organisation of the
local authority;
(Object)
b) altering the national or local order.
This law establishes the principles and rules that define the
general bases for the creation, organisation and operation of CHAPTER II
local authorities. General Principles of Local Government
ARTICLE 2 ARTICLE 6
(Scope) (Principles)
This law applies to local authorities. In their organisation and operation, local authorities observe
the principles of:
ARTICLE 3
a) unity of the state;
(Nature) b) gradualism;
Local authorities are public legal entities with their own c) legality;
representative bodies that aim to pursue the following d) subsidising;
objectives
1986 - (2)
e) fairness and impartiality;
f) equality and proportionality;
g) administrative transparency.
ARTICLE 7
(Unity of the State)
Local authorities carry out their activities within the
framework of the unity of the state and organise themselves in
accordance with the national legal order.
ARTICLE 8
(Gradualism)
1. The creation of local authorities takes place gradually as a
process that must be progressively continued in pursuit of the
objectives of decentralisation according to the development
dynamics of the territorial units and the country.
2. The transfer of powers from state bodies to local authorities
takes place gradually as a process that must be progressively
continued in pursuit of decentralisation objectives in line with
the development dynamics of territorial units and the country.
ARTICLE 9
(Legality)
Local authorities carry out their activities in strict
compliance with the Constitution of the Republic, the laws,
regulations and the general principles of law, within the limits
of the powers assigned to them and in accordance with the
purposes for which they were created.
ARTICLE 10
(Subsidiarity)
In cases of duly proven inability of local authorities to
fulfil their duties, the state intervenes under the terms of the
law.
ARTICLE 11
(Justice and impartiality)
In carrying out their duties and in their dealings with natural
and legal persons, local authority bodies must act fairly and
impartially.
ARTICLE 12
(Equality and proportionality)
1. Local authority bodies, in their relations with individuals,
must not favour, benefit, disadvantage, deprive of any right or
exempt from any legal duty any citizen on the grounds of
descent, sex, colour, race, ethnic origin, place of birth, marital
status, religion, political or ideological convictions, education,
economic situation or social status.
2. Proportionality implies that among the measures that are
convenient for the pursuit of any legal objective, local
government bodies must adopt those that have the least serious
consequences for the legal sphere of the private individual.
ARTICLE 13
(Administrative transparency)
1. In carrying out their duties, local authorities must publicise
their administrative activities.
2. Local authority administrative acts are published in such a
way that natural and legal persons can know in advance the
legal conditions in which they can realise their interests and
exercise their rights.
I SERIES - NUMBER 165
CHAPTER III
Organisation and Operation of Local Authorities
SECTION I
Organisation of local authorities
ARTICLE 14
(Categories)
1. Local authorities are municipalities and towns.
2. Municipalities correspond to the territorial
circumscription of cities and towns.
3. Villages correspond to the territorial circumscription of
the seat of the administrative post.
4. The law may establish other municipal categories that are
higher or lower than the territorial circumscription of the
municipality or town.
ARTICLE 15
(Duties)
1. The powers of local authorities respect the proper,
common and specific interests of their respective populations
and, in particular:
a) local economic and social development;
b) the environment, basic sanitation and quality of life;
c) the provision of water supply services and the supply
of electricity;
d) the provision of public transport services;
e) primary health care;
f) primary education;
g) culture and sport;
h) the promotion and development of tourist activities;
i) funeral services;
j) morgues, cemeteries and crematoria;
k) urbanisation, construction and housing;
l) the local authority police;
m) municipal public rescue services.
2. Local authorities shall carry out their duties in accordance
with the resources at their disposal and shall respect the
distribution of competences between local authority bodies and
those of other legal persons governed by public law, namely
the State, as determined by this Law and complementary
legislation.
ARTICLE 16
(Autonomy)
1. Local authorities enjoy administrative autonomy,
financial and patrimonial.
2. Administrative autonomy comprises the powers of:
a) to carry out definitive and enforceable acts in its area of
responsibility.
territorial circumscription;
b) create, organise and supervise services aimed at assis-
ensure the fulfilment of its duties.
3. Financial autonomy comprises the powers of:
a) drawing up, approving, amending and implementing
activity plans and budgets;
b) drawing up and approving the management accounts;
c) to dispose of its own revenue, to organise and process
expenditure and to collect the revenue that, by law,
is earmarked for the municipalities;
d) own and manage municipal assets;
e) resort to loans under the terms of the legislation in force.
4. Asset autonomy consists of having its own assets to carry
out its duties.
25TH AUGUST 2023 1986 - (3)

ARTICLE 17 the state's values of sovereignty, unity, peace and social

harmony.
(Local Authorities)
Local authorities have the following bodies:
a) Municipal Assembly;
b) Local Council.
ARTICLE 18
(Municipal Assembly)
1. The Municipal Assembly is a representative body of the
municipality with deliberative powers.
2. The Municipal Assembly in cities and towns is the
Municipal Assembly and in Povoação it is the Povoação
Assembly.
ARTICLE 19
(Municipal Council)
1. The Municipal Council is an executive body that reports to
the Municipal Assembly and is headed by a president.
2. The Municipal Council in cities and towns corresponds to
the Municipal Council and in Povoação to the Povoação
Council.
ARTICLE 20
(Administrative organisation)
1. The territorial circumscriptions of local authorities, with
the exception of the municipality of the country's capital, are
organised into territorial sub-units called municipal
administrative posts, neighbourhoods and blocks.
2. The territorial circumscription of the local authority of
the country's capital city is organised into municipal districts,
municipal administrative posts, neighbourhoods and blocks.
3. The creation and organisation of the territorial sub-units
referred to in paragraphs 1 and 2 of this article shall be defined
under terms to be regulated.
4. The executive bodies of local authorities may establish
technical administrative services in the lower territorial sub-
units under terms to be regulated.
ARTICLE 21
(Addressing and toponymy)
1. Local authorities, in coordination with the bodies that
oversee the areas of addressing and toponymy, design and
implement the Postal Addressing System and the Postal
Addressing Code.
2. The Postal Addressing System and the Code
Postal Addresses are defined in specific legislation.
3. Local authorities draw up proposals for assigning and
updating names for access roads, squares, administrative units
and other l o c a l authority places, buildings and
infrastructures under their management and submit them to
the body that oversees the local administration area, for
approval by the competent authority.
4. The principles, criteria and procedures for drawing up
proposals for geographical names are defined in specific
legislation.
ARTICLE 22
(Municipal symbols)
1. Municipal symbols are the coat of arms, the seal and the
flag.
2. The municipal executive bodies propose the configuration
of their respective municipal symbols, which may not subvert
1986 - (4) I SERIES - NUMBER 165
3. Municipal symbols must embody the specific
characteristics, potential and projections of the respective local
authority.
4. The instrument approving the municipal symbols must
be approved by the state's administrative supervisory body.

SECTION II

Functioning of local authorities

ARTICLE 23
(Mandate)
The term of office of elected local authority bodies is five
years.

ARTICLE 24
(Regulatory power)
Local authorities have their own regulatory powers within
the limits of the Constitution, laws and other regulations.

ARTICLE 25
(Duty to state reasons)
Decisions and deliberations by municipal bodies that affect
legally protected rights or interests, impose or increase duties,
burdens or sanctions shall be expressly substantiated.

ARTICLE 26
(Incompatibilities)
1. The exercise of functions in local authority bodies is
incompatible with the status of:
a) Member of the Portuguese Parliament;
b) Member of the Government;
c) Judge Counsellor of the Constitutional Council;
d) Ombudsman;
e) Attorney General;
f) Deputy Attorney General;
g) Magistrate in office;
h) Members of the military or paramilitary forces and
members of the defence and security forces
belonging to the permanent active staff;
i) Career diplomat in active service;
j) Member of a Council or Commission created
by the Constitution of the Republic and ordinary
legislation;
k) Rector of public universities and other public higher
education establishments;
l) Holders and members of provincial and district
decentralised governance bodies;
m) Local government officials.
2. Membership of the Municipal Council is
incompatible with membership of the Municipal Assembly.

ARTICLE 27
(Publicity of acts)
1. The deliberations and decisions of local authority bodies
shall be published for 30 consecutive days at the local
authority's headquarters.
2. Local authority bodies shall promote the creation of an
appropriate information system on local authority public
activity.
25TH AUGUST 2023
ARTICLE 28
(Staff)
1. Local authorities have their own staff, organised
according to their permanent needs.
2. The establishment plan requires joint ratification
of the administrative and financial supervisory bodies.
ARTICLE 29
(Staff regulations)
1. The Conditions of Employment of Civil Servants of the
State shall apply to officials and other servants of the local
authority, with the necessary adaptations under the terms to be
regulated.
2. In cases of need, local authorities can use the mobility of
human resources for their operation.
3. Local authorities are allowed to sign contracts under the
Labour Law, when necessary, as long as it is compatible with
the nature of the duties to be performed.
ARTICLE 30
(Transfer of competences)
1. Depending on their institutional capacities, local authorities
can sign agreements with state bodies to take on competences
within their remit.
2. The transfer of competences from state bodies to local
authorities must be accompanied by the corresponding transfer
of financial, human and property resources, in accordance with
the principle of gradualism.
ARTICLE 31
(Representation of the State)
1. The state maintains its representations in the decentralised
entities.
2. The State Administration maintains its representation in
the territorial circumscription whose area of jurisdiction
coincides, in whole or in part, with that of the local authority.
3. In the municipalities of cities and towns, the State is
represented by the District Administrator.
4. In Maputo City, the State is represented by the Secretary
of State in the City.
ARTICLE 32
(State representation powers)
The State Representation body is responsible for the territorial
circumscription of the local authority:
a) monitoring and verifying compliance with the
decisions issued by the government within the scope
of the state supervision to which local authorities are
subject;
b) guaranteeing the application of laws, regulations and
administrative acts amended by state bodies in the
territorial circumscription of local authorities;
c) recognise the community authorities of the
municipal district in their capacity as guarantors of the
stability and unity of the state.
ARTICLE 33
(Local police)
1. Local authorities set up municipal police services
specifically designed to carry out administrative duties.
2. The organisation and operation of the municipal police
shall be established in accordance with regulations.
1986 - (5)
ARTICLE 34
(Local authority life-saving services)
1. Local authorities set up local public rescue and volunteer
services, in consultation with the Minister who oversees the
National Public Rescue Service (SENSAP).
2. The organisation and operation of municipal public rescue
services shall be established under the terms of regulations.
ARTICLE 35
(Autonomous services and municipal public companies)
1. Local authorities create autonomous services and
municipal public companies to meet the collective needs of
their populations.
2. It is the responsibility of the Municipal Assembly to
approve the creation of autonomous services and municipal
public companies referred to in paragraph 1 of this article, by
means of a reasoned proposal from the competent executive
body.
ARTICLE 36
(Guardian)
Local authorities are subject to administrative supervision
and State finances, under the terms of the law.
ARTICLE 37
(Articulation and coordination)
1. Local authorities articulate and coordinate their plans,
programmes, projects and actions with the executive bodies of
decentralised provincial governance within their respective
territories, with a view to harmoniously carrying o u t their
duties.
2. Local authority bodies, state representative bodies in the
province and the executive bodies of decentralised provincial
governance hold regular meetings t o discuss their
programmes and activity plans.
ARTICLE 38
(Community authorities)
1. Community authorities are traditional leaders, community
leaders, neighbourhood or village secretaries and other leaders
legitimised by their communities or social group and recognised
by the state, who exercise a certain authority over them.
2. In carrying out their administrative duties, local
authorities liaise with community authorities, seeking opinions
on how best to mobilise and organise the participation of local
communities in the pursuit and implementation of economic,
social and cultural programmes and plans for local
development.
3. Community authorities are recognised by the
representative of the state in their area of jurisdiction.
4. The state sets the subsidy to be allocated to the authorities
and approves their uniform model.
ARTICLE 39
(Civil liability)
Local authorities shall be civilly liable to third parties for
violations of their rights or of the provisions intended t o
protect their interests, resulting from unlawful acts committed
with intent or mere fault by their administrative bodies and
agents in the performance of their duties and on account of
such performance under the terms and in the manner prescribed
by law, without prejudice to the right of recourse in favour of
local authorities for damages caused.
1986 - (6)
CHAPTER IV
Local Municipality
SECTION I
Designation and bodies of the municipality
ARTICLE 40
(Name)
The Municipality is designated by the name of the
respective City or Town.
ARTICLE 41
(Municipal bodies)
They are municipal bodies:
a) the Municipal Assembly;
b) the City Council.
SECTION II
Municipal Assembly
ARTICLE 42
(Definition)
The Municipal Assembly is the representative body of the
municipality with decision-making powers.
ARTICLE 43
(Constitution)
The Municipal Assembly is made up of members elected by
direct, equal, secret, personal and periodic universal suffrage of
the voting citizens residing in the territorial circumscription of
the municipality.
ARTICLE 44
(Composition)
1. The composition of the Municipal Assembly depends on
the number of voters:
a) 15 members when the number of voters is equal to or
less than 20,000;
b) 19 members when the number of voters is equal to or
greater than 20,001 and less than 30,000;
c) 23 members when the number of voters is equal to or
greater than 30,001 and less than 40,000;
d) 33 members when the number of voters is equal to or
greater than 40,001 and less than 60,000;
e) 41 members when the number of voters is equal to or
greater than 60,001 and less than 80,000;
f) 45 members when the number of voters is equal to or
greater than 80,001 and less than 100,000.
2. In municipalities with 100,000 voters or more, the
number of members referred to in paragraph 1(f) of this article
shall be increased by one for every 20,000 voters.
ARTICLE 45
(Installation of the Municipal Assembly)
The Municipal Assembly is installed by the Judge of the
Judicial Court of the respective municipal district.
ARTICLE 46
(Investiture)
1. The Council of Ministers is responsible for setting the
date f o r t h e investiture of the Municipal Assembly.
I SERIES - NUMBER 165
2. The investiture of the Municipal Assembly is presided
over by the Presiding Judge of the City Judicial Court, in the
case of the Municipality of Maputo City, by the Presiding
Judge of the Judicial Court of the provincial capitals and by the
Presiding Judge of the District Judicial Court in the case of
other cities and towns, after the election results have been
validated and proclaimed by the Constitutional Council.
3. The Municipal Assembly is sworn in no later than seven
days after the end
of the mandate of the Municipal Assembly in office.
4. In the event of the dissolution of the Municipal Assembly or
a change in its composition, the new Municipal Assembly is
invested within seven days of the election results being validated
and proclaimed by the Constitutional Council.
5. The Municipal Assembly is sworn in when more than half
of the elected members are present.
6. At the investiture ceremony, the presiding judge of the
Judicial Court verifies the identity and legitimacy of those
elected and appoints, from among those present, the person who
will draw up and sign the minutes of the event, which will be
signed by the judge and the members of the new Municipal
Assembly present.
7. A member who is absent at the time of his or her investiture
and who does not provide a justification within 30 days of his or
her investiture shall lose his or her mandate.
ARTICLE 47
(Replacement of members)
1. In the event of death, resignation, loss of office,
suspension or any other reason why a m e m b e r o f the
Municipal Assembly ceases to be a member, he or she shall be
replaced by the substitute member next on the list.
2. The substitution shall be notified in writing by the
President of the Assembly to the substitute member before the
next ordinary or extraordinary session and the reason for the
substitution.
3. Any suspension of a member of the Municipal
Assembly shall be requested in writing to the Bureau of the
Assembly.
4. The resumption of the seat of a member of the Municipal
Assembly who was suspended from office implies the
automatic cessation of the duties of the respective alternate.
5. Once the possibility of replacement provided for in paragraph
1 of this article has been exhausted, and provided that two thirds
of the Assembly's members are not in o f f i c e , the President
of the Municipal Assembly shall notify the body that oversees
the local administration area and the latter the Council of
Ministers to call a mid-term election within 45 days, after
consulting the National Electoral Commission.
6. The new elections must take place between the second and
third month after the date of the appointment.
7. The new Municipal Assembly completes the mandate of
the previous one.
8. The election of the new Municipal Assembly implies the
election of the new President of the Municipal Council.
9. If the period remaining before the end of the
Municipal Assembly's term is equal to or less than 12 months,
elections will not be held.
25TH AUGUST 2023
Subsection I
Powers of the Municipal Assembly
ARTICLE 48
(General competences of the Municipal Assembly)
1. The general competences of the Municipal Assembly are:
a) to pronounce and deliberate, within the framework of
municipal attributions, on fundamental matters
and issues of interest to the economic, social and
cultural development of the municipal community,
with a view to satisfying the collective needs of t h e
population, as well as to monitor and supervise the
activity of the other bodies of municipal services and
companies;
b) approve the activity plan and its revisions;
c) approve positions;
d) approve regulations;
e) approve the municipal development plan;
f) approve the creation or extinction of the municipal
police unit and the municipal public salvation corps;
g) approve the establishment plan for the various
departments of t h e municipality;
h) approve the structure plan and, in general, the land-
use plans, as well as the rules on urbanisation and
construction under t h e terms of the law;
i) dismiss the Chairman of the Municipal Council, in
accordance with the law;
j) be heard, when requested by the Council of Ministers, on
the modification of boundaries, creation and
extinction of new local authorities that affect their
area of jurisdiction;
k) grant administrative and financial autonomy to
services or functional sectors;
l) authorise the City Council to create municipal
companies or participate in interurban or inter-
municipal companies;
m) to authorise the City Council to grant concessions for
the operation of works and services, under the terms
and within the time limits laid down by law;
n) establish the configuration of the coat of arms, seal and
flag of the
local authority;
o) deliberate on proposals to assign or change t h e
names of access roads, squares, administrative units
and other local authority places, as well as buildings
and infrastructures under the management of the
municipality;
p) create and award municipal honours and medals;
q) t o exercise the other powers conferred by law,
in particular by individual legislation designed to
embody administrative autonomy in areas
h i t h e r t o dependent on local, provincial or
central state services.
2. Proposals relating to points b) and c) of paragraph 1 of
this article, presented by the competent executive body, may not
be altered by the Municipal Assembly and require a statement
of reasons when rejected, and the proposing executive body may
reformulate the proposal in accordance with suggestions and
recommendations made by the Assembly.
ARTICLE 49
(Competences in operational matters)
The competences of the Municipal Assembly in matters of
operation are:
a) elect the Bureau by secret ballot;
b) draw up and approve its Rules of Procedure;
1986 - (7)
c) decide on filling vacancies that have arisen
in the Municipal Assembly;
d) decide on the termination, suspension and loss of office
of a member of the Assembly;
e) convene the City Council;
f) create working committees;
g) create working groups.
ARTICLE 50
(Competences in financial matters)
1. The Municipal Assembly has the following competences
financial:
a) approve positions;
b) approve the municipal budget and its revisions;
c) monitor the implementation of the Council's plan and
budget
and the respective balance sheet;
d) approve the annual report, balance sheet and
management account;
e) to approve the signing of programme or development
contracts with the state or any other contracts aimed
at the transfer or exercise of new competences by
municipalities;
f) approving the municipality's participation in the capital
of undertakings of recognised local public interest;
g) to lay down the conditions under which the municipality,
through the Municipal Council, may dispose of or
encumber its own immovable property;
h) setting budget limits for the acquisition of immovable
property
by the City Council;
i) establish municipal taxes, spills and other own
revenues and set the respective budget limits under
the terms of the law;
j) set tariffs for the provision of services to the public;
k) to set tariffs for the provision of services to the public
through its own means in the areas of collection,
deposit and treatment of solid waste, conservation and
treatment of sewage, supply of water, electricity, use
of municipal slaughterhouses, maintenance of
gardens and markets, public transport of people and
goods, maintenance of roads, operation of
cemeteries;
l) approve the proposal to dispose of the City Council's
own real estate.
2. In the event of the council's budget proposal not being
approved, the budget for the previous financial year will be
reintroduced, with the limits defined therein, including any
revisions made during the year, thus remaining in force until
the new budget is approved.
3. The Municipal Assembly has its own budget, which is an
integral part of the municipal budget to be approved by it.
ARTICLE 51
(Competences in environmental management)
The Municipal Assembly has powers in matters of
environmental management:
a) approve the municipality's environmental plan and
ecological zoning;
b) approve incentive programmes for activities that protect or
restore environmental conditions;
c) approve programmes for the use of alternative energy;
d) approve processes for the removal, treatment and
disposal of solid waste, including hospital and toxic
waste;
1986 - (8) I SERIES - NUMBER 165

e) approve afforestation, planting and conservation paragraph 3 of this article.

programmes
of shade trees;
f) approve local natural resource management
programmes;
g) to approve rules defining fines and other sanctions or
charges that burden particularly polluting activities
in the area of the municipality;
h) approve programmes to promote clean means of
transport;
i) approve the establishment of municipal reserves,
respecting the state reserves and the limits of its
attributions;
j) approve proposals and opinions on the definition and
sta-
the creation of protected areas;
k) approve land-use planning and zoning plans for coastal
areas and beaches.

ARTICLE 52
(Powers regarding relations with the City Council)
The competences of the Municipal Assembly in terms of
relations with the Municipal Council are:
a) set the number of councillors according to the composition
of the City Council;
b) to authorise the Chairman of the Municipal Council to
sign twinning agreements with similar municipalities
abroad, having heard the body that oversees the area
of international cooperation;
c) verify the situations that constitute a temporary or
definitive impediment of the Chairman of the
Municipal Council, declare it and communicate it to
the body with guardianship powers;
d) to consider, at each ordinary session, written
information from the Chairman of the Municipal
Council on the state of fulfilment of its plan of
activities;
e) request at any time and receive, through the Bureau,
information on matters of interest to citizens and on
the implementation of previous resolutions;
f) take a position vis-à-vis state bodies and other public
entities on matters of interest to the municipality,
and for this purpose must be consulted by them;
g) pronounce and deliberate on matters that concern the
interests of the local authority.

Subsection II
Municipal Assembly sessions
ARTICLE 53
(Ordinary sittings)
1. The Municipal Assembly holds five ordinary sessions a
year.
2. Two of the ordinary sessions indicated in paragraph 1 of
this article are for the approval of the accounts report for the
previous year and the approval of the activities plan and budget
for the following year, respectively.
3. The calendar of ordinary sessions is set by the Assembly
Municipal Council at the first ordinary session of each year.
4. It is the responsibility of the President of the Municipal
Assembly to convene the sessions of the Municipal Assembly
on the basis of the calendar established in accordance with
25TH AUGUST 2023 1986 - (9)
ARTICLE 54
(Extraordinary sittings)
1. The Municipal Assembly may meet extraordinarily on the
initiative of its President, by decision of the Bureau or at his
request:
a) of the City Council;
b) of 50 per cent of the members of the Assembly in
office;
c) of at least 5 per cent of the electorate registered in the
municipality;
d) of the President of the Municipal Council, at the
request of the member of the Council of Ministers
with powers of supervision over local authorities, to
consider issues raised by the Government.
2. The President of the Municipal Assembly shall convene
the session within 10 days of becoming aware of the initiative,
and it shall be held within 30 days of the date of the
convocation.
3. Extraordinary sessions only deal with the matters set out
in the notice convening them.

ARTICLE 55
(Quorum)
1. The Municipal Assembly can only deliberate if more than
half of its members in full office are present.
2. In cases where meetings are not held due to the
absence of a quorum, attendance and absences shall be
recorded in the minute book.

ARTICLE 56
(Deliberation)
1. Decisions are taken by a plurality of votes.
2. The Chairman of the Municipal Assembly shall have
t h e casting vote in the event of a tie.

ARTICLE 57
(Form of acts)
1. Acts taken by the Municipal Assembly take the form of
a Resolution when they result from the exercise of regulatory
power and other acts take the form of a Motion.
2. The acts carried out, the effectiveness of which
depends on ratification by the supervisory body, shall be
published in the Official Gazette.
ARTICLE 58
(How to vote)
1. Voting takes place as follows:
a) per voting card collected;
b) by secret ballot.
2. The voting procedures are set out in the respective Rules
of Procedure.

ARTICLE 59
(Minutes)
1. The matters discussed at the sessions are recorded in the
minutes.
2. Minutes shall be drawn up in accordance with the Rules
of Procedure, recording the main points of the meetings, a n y
absences, decisions taken and positions adopted.
1986 - (10)
ARTICLE 60
(Working language)
1. The working language of the Municipal Assembly is the
official one
of the Republic of Mozambique.
2. The member of the Municipal Assembly has the right to
speak in any of the national languages, in which case
translation into the working language must be provided.
ARTICLE 61
(Duration of sessions)
The duration of the sessions of the Municipal Assembly is
determined by its Rules of Procedure.
ARTICLE 62
(Participation in Municipal Assembly sessions)
They take part in the sessions of the Municipal Assembly,
but do not have the right to vote:
a) the Chairman of the Municipal Council or his deputy;
b) councillors, when specifically called upon;
c) the representative of the administrative supervisory
body.
ARTICLE 63
(Participation in Municipal Assembly sessions by the
representative of the administrative guardianship
body)
1. The representative of the supervisory body may take part in
ordinary and extraordinary sessions of the Municipal Assembly,
without the right to vote.
2. For the purposes of paragraph 1 of this article, the
Chairman of the Municipal Assembly shall send the
representative of the supervisory body the proposed calendar of
ordinary sessions as soon as it has been approved at the first
session of the body and the notice of each session with the
respective proposed agenda at least 15 days before the start of
the session.
3. The President of the Municipal Assembly reserves time
for the supervisory body to present, if it deems it necessary,
information on items on the agenda that are strictly related to
municipal administration and that also have a direct and
immediate bearing on the activities of the supervisory body.
ARTICLE 64
(Publicity for sittings)
The sessions of the Municipal Assembly are public.
Subsection III
Board of the Municipal Assembly
ARTICLE 65
(Composition and functioning of the Bureau)
1. The Bureau of the Municipal Assembly is made up of a
minimum of five members and a maximum of seven members.
2. The Bureau is elected for the duration of the mandate,
although its members may be replaced by the Municipal
Assembly at any time by absolute majority decision.
3. The Chairman shall be replaced in his absence or
impeachment by the 1st Vice-Chairman.
4. The Secretary is replaced in his absence or impediment by
one of the members.
5. In the absence of all the members of the Bureau, the
Municipal Assembly elects, by secret ballot, an ad hoc Bureau
to chair the session.
I SERIES - NUMBER 165
6. The Bureau of the Municipal Assembly is constituted on
the basis of proportional representation of the parties,
coalitions of political parties or groups of citizens with seats in
the Municipal Assembly.
7. Municipal assemblies made up of 15 to 23 members have a
board of five members, including a President, two Vice-
Presidents, a Secretary and a member.
8. Municipal assemblies made up of 33 or more members
have a board of seven members, including a President, two
Vice-Presidents, a Secretary and three members.
ARTICLE 66
(Powers of the Bureau)
The Bureau of the Municipal Assembly is responsible for:
a) ensure the functioning of the Municipal Assembly
between sessions;
b) preparing the draft agenda for plenary sessions;
c) coordinating the activities of the plenary and working
committees;
d) liaising between the Municipal Assembly and public
institutions;
e) prepare the sessions of the Municipal Assembly;
f) marking the absences of members of the Assembly
and to assess the justification for them;
g) to submit the proposal for the annual programme of
the Municipal Assembly to the plenary session;
h) propose the creation of committees and working groups;
i) consider petitions, suggestions, complaints and claims
submitted by residents;
j) monitor and ensure compliance with the resolutions of
the Municipal Assembly;
k) to consider requests for suspension from office
and declarations of resignation as members of the
Municipal Assembly;
l) consider requests for information from members and
working committees of the Municipal Assembly and
send them to the organisations concerned;
m) ensuring that the minutes and summaries of the
sessions of the Municipal Assembly are drawn up;
n) ensuring that the documents approved by the
Municipal Assembly are sent to the supervisory
bodies and any others provided for by law;
o) authorise the absence of the Chairman of the
Municipal Council for a period of more than 30
days, including abroad.
ARTICLE 67
(Frequency and convening of meetings)
1. The Bureau of the Municipal Assembly meets ordinarily
twice a month and extraordinarily whenever necessary.
2. Meetings of the Bureau of the Municipal Assembly are
convened and chaired by its President.
ARTICLE 68
(Form of the Bureau's acts)
1. Acts taken by the Bureau of the Municipal Assembly take
the form of resolutions.
2. The decisions of the Bureau of the Municipal Assembly
are internal in nature.
ARTICLE 69
(Powers of the chairman of the municipal assembly)
The President of the Municipal Assembly is responsible for:
a) represent the Municipal Assembly;
25TH AUGUST 2023 1986 - (11)

b) convene ordinary and extraordinary sessions; municipality's coffers.

4. A member of the Municipal Assembly who has missed
c) direct the work and maintain the discipline of the
three plenary sessions in a row or six interpolated sessions shall
sessions;
lose his or her mandate.
d) exercise the other powers conferred on it by law and
by the Rules of Procedure of the Municipal
Assembly.
ARTICLE 70
(Powers of the Vice-Chairman of the Municipal Assembly)
The Vice-President is responsible for:
a) assisting the Chairman of the Municipal Assembly in
the performance of his duties;
b) substitute for the Chairman of the Municipal Assembly
in his absences and impediments;
c) fulfil the duties and tasks delegated to them by the
Chairman of the Municipal Assembly;
d) represent the Chairman of the Municipal Assembly
whenever he is appointed to do so.
ARTICLE 71
(Powers of the Secretary of the Bureau)
The Secretary of the Bureau is responsible for:
a) secretariat the sessions;
b) draw up and sign the respective minutes, which shall
also be signed by the Chairman of the Municipal
Assembly;
c) ensure that the file is processed.
ARTICLE 72
(Competence of Bureau members)
The members are responsible for:
a) to take part in the sessions of the Bureau of the
Municipal Assembly;
b) to present a position on a matter of debate.
ARTICLE 73
(Technical Secretariat)
1. In carrying out its duties, the Bureau of the Municipal
Assembly is assisted by a Technical Secretariat made up of
officials from the Municipal Council's staff.
2. The management of the technical staff assigned to the
Municipal Assembly is the responsibility of its president.
Subsection IV
Justified and unjustified absences
ARTICLE 74
(Excused absences)
Absences are considered justified due to:
a) disease;
b) maternity or paternity;
c) marriage;
d) mourning;
e) weighty reasons not attributable to the member.
ARTICLE 75
(Effects of unjustified absence)
1. Unjustified absence from the activities of the Municipal
Assembly
The corresponding remuneration will be deducted.
2. The total deductions referred to in paragraph 1 of this article
shall not exceed one third of the monthly remuneration.
3. The amount deducted from the membership goes to the
1986 - (12) SECTION III I SERIES - NUMBER 165

City Council
ARTICLE 76
(Definition)
The City Council is the executive body of the municipality.
ARTICLE 77
(Composition)
1. The City Council has the following composition:
a) Chairman of the City Council;
b) Councillors.
2. Councillors are appointed by the Mayor.
ARTICLE 78
(Constitution)
1. The constitution of the Municipal Council depends on
the number of inhabitants of the respective municipality:
a) eleven members for municipalities with a population of
more than 200,000 inhabitants;
b) nine members for those with between 100,000 and
200,000 inhabitants;
c) seven members for those with between 50,000 and
100,000 inhabitants;
d) five members for those with a population of less than
50,000.
2. The councillor is responsible for overseeing one or more
administrative and technical units of the municipality, without
prejudice to the general power of coordination and oversight
of the President of the Municipal Council.
3. The rules governing full-time and part-time councillors are
set out below.
by the Chairman of the City Council.
ARTICLE 79
(Appointment and termination of office of councillor)
1. The President of the Municipal Council may appoint
councillors from among members of the Municipal Assembly,
civil servants assigned to the Municipal Council, outside the
Municipality or other citizens.
2. The appointment of councillors who are not members of
the Municipal Assembly or civil servants shall be subject to
criteria to be regulated.
3. A member of the Municipal Assembly who has been
appointed to serve as a councillor suspends his or her
mandate, without being subject to the 365-day period
considered in this Law for loss of mandate.
4. The councillor shall cease to hold office on the date on
which the new chairman of the municipal council takes office.
ARTICLE 80
(Powers of the Municipal Council)
The City Council is responsible for:
a) carrying out economic, cultural and social tasks and
programmes of local interest defined by the
Municipal Assembly, under the terms of the law;
b) assisting the Chairman of the Municipal Council
in the execution and fulfilment of the
resolutions of the Municipal Assembly;
c) participate in the implementation of the business plan
and budget in accordance with the principles of
strict financial discipline;
25TH AUGUST 2023
d) to submit proposals and requests for authorisation to
the Municipal Assembly and to exercise authorised
powers in matters relating to the organisation and
operation of the Municipal Council;
e) set the value from which the acquisition of movable
property
depends on a decision by the city council;
f) dispose of or encumber movable property belonging to
the Municipal Council;
g) accept donations, legacies and inheritances;
h) deciding on forms of support for non-governmental
organisations and other bodies pursuing aims of
public interest in the municipality;
i) propose to the competent body a declaration of public
utility for the purposes of expropriation;
j) exercise the powers and faculties established in the
Land Law a n d its Regulations;
k) To grant licences for construction, rebuilding or
conservation, as well as to approve the respective
projects, under the terms of the law;
l) order, after inspection, the total or partial demolition or
improvement of buildings that threaten ruin or
constitute a danger to people's health and safety;
m) deciding on everything that concerns the safety and
fluidity of circulation, traffic and parking in the
streets and other public places and that does not fall
within the competence of other bodies or entities;
n) establishing the numbering of buildings and
submitting to the Municipal Assembly proposals for
the attribution and/or alteration of names for access
roads, squares, administrative units and other places
of the local authority, as well as buildings and
infrastructures under its management;
o) deliberate on the roaming of stray animals or wild
species and organisational mechanisms for
managing them.
ARTICLE 81
(City Council meetings)
The frequency of sessions and the decision-making process
The rules of procedure of the Municipal Council shall apply.
SECTION IV
Chairman of the City Council
ARTICLE 82
(Definition)
The President of the Municipal Council is the head of the
municipality's executive body.
ARTICLE 83
(Election)
1. The head of the list of the political party, coalition of
p o l i t i c a l parties or group of voting citizens that wins the
majority of votes in the elections to the Municipal Assembly is
elected President of the Municipal Council.
2. The election of the Chairman of the Municipal Council is
governed by
by specific law.
ARTICLE 84
(Inauguration of the President of the Municipal Council)
The Chairman of the Municipal Assembly shall swear in the
Chairman of the Municipal Council on the same day as the
Municipal Assembly.
1986 - (13)
ARTICLE 85
(Powers of the Chairman of the Municipal Council)
1. The Chairman of the Municipal Council is responsible for:
a) directing the day-to-day business of the municipality,
coordinating, guiding and overseeing the work of all
councillors;
b) directing and coordinating the functioning of the
Municipal Council;
c) exercise all the powers conferred by law or by
resolution of the Municipal Assembly;
d) represent the municipality in and out of court;
e) execute and ensure compliance with the resolutions of
the Municipal Assembly;
f) appointing and dismissing councillors and staff for
management, leadership and trust functions in the
organisational units of the City Council;
g) coordinating and monitoring the implementation of
the City Council's decisions.
2. The President of the Municipal Council is also responsible
for:
a) guiding the preparation of and participating in
the implementation of t h e municipal budget,
authorising the payment of expenditure, whether this
is the result of a decision by the Municipal Council or
their own decision;
b) sign or endorse the City Council's correspondence to any
public or private organisation;
c) sign twinning agreements with similar municipalities
abroad, after authorisation by the Municipal
Assembly and after hearing the body that
oversees the area of international cooperation;
d) represent the executive bodies of the municipality
before the Municipal Assembly and answer for the
policy and programme followed by these bodies;
e) acquiring the movable property necessary for the
regular operation of the services, provided that the
cost is within the limit set by the Municipal
Assembly and the Municipal Council;
f) have any necessary decisions published in the
appropriate places;
g) running the municipal civil protection service, in co-
ordination with national structures;
h) carrying out administrative acts in the management of
the municipality's human resources;
i) modify or revoke acts carried out by officials
local authorities;
j) grant contracts necessary for the operation of the
services;
k) take out insurance contracts;
l) initiate legal proceedings or requests for arbitration and
defend themselves in them, and may confess,
withdraw, settle or accept arbitration;
m) promoting all the actions necessary for the day-to-day
administration of the municipality's assets and their
conservation, ensuring that the register of the
municipality's movable and immovable property is
kept up to date;
n) exercise the powers and faculties established in the
Land Law and its Regulations;
o) to grant licences for construction, rebuilding or
conservation, as well as to approve the respective
projects, under the terms of the law;
p) order, after an inspection, the total or partial
1986 - (14)
demolition or improvement of buildings that threaten I SERIES - NUMBER 165
to collapse or constitute a danger to the health and
safety of people;
25TH AUGUST 2023
q) guaranteeing the execution of works and interventions
for which the municipality is directly responsible,
which are included in the plans approved by the
M u n i c i p a l Assembly and which have adequate
funding in the budget for the year in which they are
to be carried out, as well as inspections under the
terms of the law and specific municipal regulations;
r) award contracts necessary for the execution of the
works referred to in the previous paragraph;
s) to grant licences for housing or other use of buildings in
need of major alterations by having specialised
commissions check the conditions of habitability
and compliance with the project approved in
accordance with specific regulations;
t) order the embargo or demolition of any works,
constructions or buildings carried out by private
individuals without complying with the law;
u) order the summary eviction of buildings that have
been expropriated or whose demolition or
improvement has been decided under the terms of
the law;
v) to grant plots in municipal cemeteries for burial plots
and perpetual graves;
w) grant police or tax licences in accordance with
the provisions of laws, regulations and ordinances;
x) carry out the functions of custodian of cultural heritage
assets in the area under its jurisdiction;
y) carry out the duties of the municipal police chief, if any;
z) to submit to the body that oversees the local
administration area, after deliberation by the
Municipal Assembly, proposals for assigning or
altering the names of access roads, squares,
administrative units and other local authority places,
buildings and infrastructures.
-structures under the management of the City
Council for approval by the competent authority.
3. In cases of urgency and in circumstances where the local
authority's public interest exceptionally requires it, the
Chairman of the Municipal Council may take action on matters
that fall within the Municipal Council's remit.
4. The acts referred to in paragraph 3 of this article are
subject to ratification by the Municipal Council at the first
meeting following their implementation, which must take place
within a maximum of 15 days.
5. Refusal to ratify or failure to submit in due time
is cause for the nullity of the act.
ARTICLE 86
(Delegation of powers to councillors)
1. The Chairman of the Municipal Council may delegate
powers to councillors and the heads of municipal
administrative units.
2. The powers provided for in paragraph 1(a) and (b),
paragraph 2(c), (g) and (x) and paragraph 3, all of article 85 of
this Law, cannot be delegated.
ARTICLE 87
(Absences of the Chairman of the Municipal Council)
1. Absences by the Chairman of the Municipal Council for a
period of 30 days or less, including travelling abroad and/or
within national territory, must be reported to the Bureau of the
Municipal Assembly.
2. Absences by the Chairman of the Municipal Council for
a period of more than 30 days, including outside the country,
must be authorised by the Bureau of the Municipal Assembly
and communicated to the administrative authority.
1986 - (15)
ARTICLE 88
(Permanent impeachment of the chairman of the municipal council)
1. In the event of death, permanent incapacity, resignation
or loss of office, the Chairman of the M u n i c i p a l Council is
replaced by a member of the Municipal Assembly nominated
by the political party, coalition of political parties or group of
voting citizens that won the majority of votes.
2. The replacement referred to in paragraph 1 of this article
must take place within 10 days of the date of the declaration of
the permanent impediment by the Municipal Assembly and is
limited to
-This is the end of the previous term of office.
3. Within the period referred to in paragraph 2 of this
article, the Municipal Assembly must:
a) declare the permanent impediment of the President of
the Municipal Council;
b) suspend the mandate of the member next on the list in
order to take office as President of the Municipal
Council.
ARTICLE 89
(Replacement of the Chairman of the Municipal Council)
1. The Chairman of the Municipal Council shall be replaced,
in the event of his absence, impediment or temporary
incapacity, by one of the councillors appointed by him.
2. The replacement referred to in paragraph 1 of this article
may not exceed 30 days.
3. Exceptionally, the replacement may take place for a
period of up to 60 days, after which the Chairman of the
Municipal Council is permanently replaced.
4. In the event of illness justified by a medical board, the
period
can be extended to a maximum of 180 days.
5. In the case provided for in paragraph 3 of this article,
the Chairman of the Municipal Council shall be replaced by a
member of the Municipal Assembly appointed by the political
party, coalition of political parties or group of proposing
citizens who obtained the majority of votes.
CHAPTER V
Povoação Municipality
SECTION I
Designation and bodies
ARTICLE 90
(Name)
The municipality of Povoação is named after the seat of the
administrative post.
ARTICLE 91
(Organs of the Municipality of Povoação)
The following are organs of the Povoação local authority:
a) the Assembly of Povoação;
b) the Povoação Council.
SECTION II
Povoação Assembly
ARTICLE 92
(Definition)
The Povoação Assembly is the town's representative body
1986deliberative
with - (16) powers. I SERIES - NUMBER 165
25TH AUGUST 2023 1986 - (17)

ARTICLE 93 the powers of the municipality of Povoação, on

matters and fundamental issues of interest to
(Composition)
The Povoação Assembly is made up of members elected by
direct, equal, secret, personal and periodic universal suffrage of
the citizens who vote in the respective constituency.
ARTICLE 94
(Constitution)
1. The constitution of the Povoação Assembly depends on
the number of voters in the respective local authority:
a) eleven members when the number of voters is equal to
or less than 3,000;
b) fifteen members when the number of voters is equal to
or greater than 3,001 and equal to or less than 6,000;
c) nineteen members when the number of voters is equal
to or greater than 6,001 and equal to or less than
12,000.
2. In towns with more than 12,000 voters, the number of
members referred to in paragraph 1(c) of this article shall be
increased by one for every 2,000 voters.
3. In the event of the dissolution of the Povoação Assembly
or a change in its composition, the new Povoação Assembly is
invested within seven days of the election results being
validated and proclaimed by the Constitutional Council.
4. The investiture of the Povoação Assembly takes place
when more than half of the elected members are present.
5. At the investiture ceremony, the Judge of the Judicial
Court verifies the identity and legitimacy of those elected and
appoints, from among those present, the person who will draw
up and sign the minutes of the event, which will be signed by
the Judge and the members of the new Povoação Municipal
Council present.
6. A member who is absent at the time of his or her investiture
and who does not provide a justification within 30 days of his or
her investiture shall lose his or her mandate.

ARTICLE 95
(Installation of the Povoação Assembly)
The Assembly of Povoação is installed by the Judge of the
Judicial Court of the respective municipal district or by a
judicial authority of the judicial court of a hierarchically superior
territorial district.
ARTICLE 96
(Investiture)
1. It is up to the Council of Ministers to set the date f o r
t h e investiture of the Povoação Assembly.
2. After the Constitutional Council has validated and
proclaimed the election results, the Judge of the Judicial Court of
the respective municipal district or another authority of the
judicial court of the hierarchically superior district shall proceed
to invest the Assembly of Povoação.
3. The Assembly of Povoação is invested within seven days
of
the end of the mandate of the current Povoação Assembly.
Subsection I
Powers of the Povoação Assembly
ARTICLE 97
(General competences)
1. The general competences of the Povoação Assembly are:
a) to pronounce and deliberate, within the framework of
1986 - (18) I SERIES - NUMBER 165
the economic, social and cultural development of
the town, with a view to satisfying the collective
needs of the population, as well as monitoring and
supervising the activities of the other bodies of the
services and companies of the municipality;
b) approve the annual report, balance sheet and
management account;
c) approve positions;
d) approve regulations;
e) approve the town's development plan;
f) to approve the creation or extinction of the town's
police unit and the town's public salvation corps;
g) to approve the establishment plans for the various
town services;
h) approve the structure plan and, in general, the land-
use plans, as well as the rules relating to
urbanisation and construction under t h e terms
of the law;
i) dismiss the Mayor of Povoação, u n d e r t h e
terms of the law;
j) be heard, when requested by the Council of Ministers,
on the modification of boundaries, creation and
extinction o f new local authorities that affect
their area of jurisdiction;
k) grant administrative and financial autonomy, services
or functional sectors of the town;
l) to authorise the Povoação Council to create
companies within the Povoação municipality or to
participate in inter-authority companies;
m) to grant administrative and financial autonomy to the
town's functional services or sectors and to
authorise t h e Povoação Council to set up
town council companies or participate in inter-
authority companies;
n) to authorise the Council of Povoação to grant
concessions for the operation of works and services,
under the terms and within the time limits laid
down by law;
o) establish the configuration of the coat of arms, seal and
flag
of the town;
p) deliberate on proposals to assign or change t h e
names of access roads, squares, administrative
units and other local authority places, as well as
buildings and infrastructures under the management
of the village;
q) create and award town honours and medals;
r) exercise the other powers conferred by law, in
particular by individual legislation aimed a t
embodying administrative autonomy in areas that
have h i t h e r t o b e e n dependent on
local, provincial or central state services.
2. Proposals relating to points b) and c) of paragraph 1 of
this article, presented by the competent executive body, may not
be altered by the Povoação Assembly and must be duly
substantiated when rejected, and the proposing executive body
may reformulate the proposal in accordance with suggestions
and recommendations made by the Assembly.
ARTICLE 98
(Powers of operation)
The Povoação Assembly is responsible for the following
matters:
a) elect the Bureau by secret ballot;
b) draw up and approve its Rules of Procedure;
25TH AUGUST 2023
c) decide on filling vacancies that have arisen
in the Assembly of Povoação;
d) decide on the termination, suspension and loss of office
of a member of the Assembly;
e) convene the Council of Povoação;
f) create working committees;
g) create working groups.
ARTICLE 99
(Competences in financial matters)
1. The Povoação Assembly is responsible for financial
matters:
a) approve positions;
b) approve the budget of Povoação, as well as its
revisions;
c) monitor the implementation of the Council's plan and
budget
of Povoação and the respective balance sheet;
d) approve the annual report, balance sheet and
management account;
e) to approve the conclusion with the State of programme
or development contracts or any other contracts
aimed at transferring or exercising new competences
to the town;
f) to approve the town's participation in the share capital
of undertakings of recognised local public interest;
g) establish by rule the conditions under which the village,
through the Village Council, may dispose of or
encumber its own immovable property;
h) setting budget limits for the acquisition of immovable
property
by the Povoação Council;
i) establish, municipal taxes, spills and other own
revenues and set the respective budget limits under
the terms of the law;
j) setting tariffs for the provision of services to the public;
k) to set tariffs for the provision of services to the public
through its own means in the areas of collection,
deposit and treatment of solid waste, conservation and
treatment of sewage, supply of water, electricity, use
of the town's slaughterhouses, maintenance of
gardens and markets, public transport of people and
goods, maintenance of roads, operation of
cemeteries;
l) To approve the proposal for the disposal of real estate
owned by the Council of Povoação.
2. In the event of the council's budget proposal not being
approved, the budget for the previous financial year will be
reintroduced, with the limits defined therein, including any
revisions made during the year, thus remaining in force until
the new budget is approved.
3. The Povoação Assembly has its own budget, which is an
integral part of the Povoação Council's budget to be approved
by it.
ARTICLE 100
(Competences in environmental management)
Within the scope of its powers to protect the environment, it
is the responsibility of the Povoação Assembly to approve, on a
proposal from the Povoação Council:
a) the town's environmental plan and ecological zoning;
b) incentive programmes for activities that protect or
restore environmental conditions;
c) alternative energy use programmes;
d) processes for the removal, treatment and d i s p o s a l
of solid waste, including hospital and toxic waste;
1986 - (19)
e) afforestation, planting and conservation programmes
of shade trees;
f) local natural resource management programmes;
g) rules defining fines and other sanctions or charges
that burden particularly polluting activities in the
area of the settlement;
h) programmes to promote clean means of
transport;
i) to approve the establishment of village reserves,
respecting the state reserves and the limits of its
attributions;
j) proposals and opinions on the definition and establishment
protected areas;
k) approve land-use planning and zoning plans for coastal
areas and beaches.
ARTICLE 101
(Competences in relation to the Povoação Local Council)
The Povoação Assembly is responsible for relations with the
Povoação Council:
a) set the number of councillors according to the composition
of the Povoação Council;
b) to authorise the Mayor of Povoação to sign twinning
agreements with similar municipalities abroad,
having heard the body that oversees the area of
international cooperation;
c) verify the situations that constitute temporary or
definitive impediment of the President of the
Council of Povoação, declare and communicate the
fact to the entity with tutelary power;
d) to consider, at each ordinary session, written
information from the President of the Povoação
Council on the state of fulfilment of its plan of
activities;
e) request at any time and receive, through the Bureau,
information on matters of interest to local authorities
and on the implementation of previous resolutions;
f) take a position before state bodies and other public
organisations on matters of interest to the town, and
to this end must be consulted by them;
g) to pronounce and deliberate on matters that concern
the interests of the town.
ARTICLE 102
(Replacement of members)
1. In the event of death, resignation, loss of office,
suspension or any other reason why one of the members of the
Povoação Assembly ceases to be a member, he or she shall be
replaced by the alternate immediately following in the order of the
respective list.
2. The substitution shall be notified in writing by the
President of the Assembly to the substitute member before the
next ordinary or extraordinary session and the reason for the
substitution.
3. Any suspension of a member of the Povoação
Assembly shall be requested in writing to the Assembly
Bureau.
4. The resumption of the seat of a member of the Povoação
Assembly who has been suspended from office implies the
automatic cessation of the duties of the respective alternate.
5. Once the possibility of substitution provided for in paragraph 1
of this article has been exhausted, and provided that two-thirds of the
members of the Assembly are not in office, the President of the
Assembly of Povoação shall inform the body of the fact.
1986 - (20)
who oversees the local administration area, and the Council of
Ministers to call a m i d - t e r m election within 45 days, after
hearing the National Electoral Commission.
6. The new elections must take place between the second and
third month after the date of the appointment.
7. The new Povoação Assembly completes the mandate of
the previous one.
8. The election of the new Assembly of Povoação also implies
the election of the new President of the Council of Povoação.
9. If the period remaining before the end of the
Povoação Assembly's mandate is equal to or less than 12
months, elections will not be held.
Subsection II
Sessions of the Povoação Assembly
ARTICLE 103
(Ordinary sittings)
1. The Povoação Assembly holds five ordinary sessions a
year.
2. Two of the ordinary sessions referred to in paragraph 1
of this article are intended respectively for the approval of the
accounts report f o r the previous year and the approval of the
activities plan and budget for the following year.
3. The calendar of ordinary sessions is set by the Assembly
of Povoação at the first ordinary session of each year.
4. It is the responsibility of the President of the Povoação
Assembly to convene the sessions of the Povoação Assembly
on the basis of the calendar established in accordance with
paragraph 3 of this article.
ARTICLE 104
(Extraordinary sittings)
1. The Povoação Assembly may meet extraordinarily on the
initiative of its President, by decision of the Bureau or on
request:
a) of the Povoação Council;
b) of fifty per cent of the members of the Assembly in
office;
c) of at least five per cent of the electorate registered in
the town's electoral roll;
d) of the President of the Council of Povoação, at the
request of the member of the Council of Ministers
with powers of supervision over local authorities, to
consider issues raised by the Government.
2. The President of the Assembly of Povoação is obliged to
convene the session within 10 days of the date on which the
initiative is announced, and the session must be held within 30
days of the date on which it is convened, failing which it will
automatically be deemed to have been convened on the 30th day
after the date on which the request was formally made.
3. In extraordinary sessions, the Povoação Assembly can
only deal with specific matters for which it has been expressly
convened.
ARTICLE 105
(Quorum)
1. The Povoação Assembly can only deliberate when more
than half of its members in full office are present.
2. In cases where meetings are not held due to the absence
of a quorum, attendance and absences shall be recorded in the
minute book.
I SERIES - NUMBER 165
ARTICLE 106
(How to vote)
1. Voting takes place as follows:
a) per voting card collected;
b) by secret ballot.
2. The voting procedures are set out in the respective Rules
of Procedure.
ARTICLE 107
(Deliberation)
1. Decisions are taken by a plurality of votes.
2. The President of the Povoação Assembly has the right to
cast the deciding vote in the event of a tie.
ARTICLE 108
(Form of acts)
1. Acts taken by the Povoação Assembly take the form of a
Resolution when they result from the exercise of regulatory
power and other acts take the form of a Motion.
2. The acts carried out, the effectiveness of which
depends on ratification by the supervisory body, shall be
published in the Official Gazette.
ARTICLE 109
(Minutes)
1. The matters discussed at the sessions are recorded in the
minutes.
2. Minutes shall be drawn up in accordance w i t h t h e
rules of procedure, recording the main e v e n t s that took
place at the meetings, any absences, the decisions taken and the
positions adopted.
ARTICLE 110
(Working language)
1. The working language of the Povoação Assembly is the
official one
of the Republic of Mozambique.
2. Members of the Assembly of Povoação have the right to
express themselves in any of the national languages, in which
case translation into the working language must be provided.
ARTICLE 111
(Duration of sessions)
The duration of the sessions of the Povoação Assembly is
determined by its Rules of Procedure.
ARTICLE 112
(Participation in the sessions of the Povoação Assembly)
They take part in the sessions of the Povoação Assembly,
but do not have the right to vote:
a) the Mayor of Povoação or his deputy;
b) councillors, when specifically called upon;
c) the representative of the administrative supervisory
body.
ARTICLE 113
(Participation in the sessions of the village assembly by
the representative of the administrative supervisory
body)
1. The representative of the guardianship body may take part
25TH AUGUST
in ordinary and2023
extraordinary sessions of the Povoação 1986 - (21)
Assembly, without the right to vote.
1986 - (22)
2. For the purposes of paragraph 1 of this article, the
President of the Povoação Assembly shall send the
representative of the supervisory body a proposal for the
calendar of ordinary sessions, as soon as it has been approved
at the first session of the body, and the notice of each session
with the respective proposed agenda at least 15 days before the
date of the start of the session.
3. The Mayor of Povoação reserves time for the supervisory
body to present, if it deems it necessary, information on items on
the agenda that are strictly related to municipal administration
and that also have a direct and immediate bearing on the
activities of the supervisory body.
ARTICLE 114
(Publicity for sittings)
The sessions of the Povoação Assembly are public.
Subsection III
Board of the Povoação Assembly
ARTICLE 115
(Composition and functioning of the Bureau)
1. The Bureau of the Povoação Assembly is made up of a
minimum of five members and a maximum of seven members.
2. The Bureau is elected for the duration of the mandate,
although its members may be replaced by the Assembly of
Povoação at any time by absolute majority decision.
3. The Chairman shall be replaced in his absences and
impediments by the 1st Vice-Chairman.
4. The Secretary is replaced by one of the Members in their
absence or impediment.
5. In the absence of all the members of the Bureau, the
Povoação Assembly elects, by secret ballot, an ad hoc Bureau
to chair the session.
6. The Bureau of the Povoação Assembly is constituted on
the basis of the proportional representation of the parties or
coalitions or groups of citizens with seats in the Povoação
Assembly.
7. Village assemblies made up of 15 to 23 members have a
bureau of 5 members, including a President, two Vice-
Presidents, a Secretary and a member.
8. Village assemblies made up of 33 to 45 or more members
have a bureau of seven members, including a President, two
Vice-Presidents, a Secretary and three members.
ARTICLE 116
(Powers of the Bureau)
The Board of the Povoação Assembly is responsible for:
a) ensure the functioning of the Povoação Assembly
between sessions;
b) preparing the draft agenda for plenary sessions;
c) coordinating the activities of the plenary and working
committees;
d) ensure liaison between the Povoação Assembly and
public institutions;
e) prepare the sessions of the Povoação Municipal
Assembly;
f) book absences and assess the reasons for them
of them;
g) to submit to the plenary session the proposal for the
annual programme of the Povoação Assembly;
h) propose the creation of committees and working
groups;
I SERIES - NUMBER 165
i) consider petitions, suggestions, complaints and claims
submitted by the public;
j) monitor and ensure compliance with the resolutions of
the Povoação Assembly;
k) to consider requests for suspension from office
and declarations of resignation from office by
members of the Povoação Assembly;
l) consider requests for information from members and
committees of the Povoação Assembly and send
them to the organisations concerned;
m) ensuring that the minutes and summaries of the
sessions of the Povoação Assembly are drawn up;
n) ensuring that the documents approved by the
Povoação Assembly are sent to the supervisory
bodies and any others required by law;
o) to authorise the absence of the Mayor o f Povoação
for a period of more than 30 days, including abroad.
ARTICLE 117
(Frequency and convening of meetings)
1. The Bureau of the Povoação Assembly meets ordinarily
twice a month and extraordinarily whenever necessary.
2. Meetings of the Bureau of the Povoação Assembly are
convened and chaired by the respective President.
ARTICLE 118
(Form of the Bureau's acts)
1. The acts carried out by the Povoação Bureau take the
form of Deliberations.
2. The decisions of the Bureau of the Povoação Assembly
are internal in nature.
ARTICLE 119
(Powers of the President of the Assembly of Povoação)
The President of the Povoação Assembly is responsible for:
a) represent the Assembly of Povoação;
b) convene ordinary and extraordinary sessions;
c) direct the work and maintain the discipline of the
sessions;
d) exercise the other powers conferred on it by law and
by the Rules of Procedure of the Assembly of
Povoação.
ARTICLE 120
(Powers of the Vice-President of the Assembly of Povoação)
The Vice-President is responsible for:
a) assist the President of the Povoação Assembly in the
performance of his duties;
b) replace the President of the Assembly of Povoação in
his absences and impediments;
c) fulfil the functions and tasks delegated to them by the
President of the Povoação Assembly;
d) represent the President of the Assembly of Povoação
whenever he is appointed to do so.
ARTICLE 121
(Powers of the Secretary of the Bureau)
The Secretary of the Bureau is responsible for:
a) secretariat the sessions;
b) draw up and sign the respective minutes, which shall
also be signed by the President of the Povoação
Assembly;
25THc)
AUGUST 2023
ensure that the file is processed. 1986 - (23)
1986 - (24) I SERIES - NUMBER 165

ARTICLE 122 ARTICLE 129

(Competence of Bureau members)
The members of the Bureau are responsible for:
a) take part in the sessions of the Bureau of the
Povoação Assembly;
b) to present a position on a matter of debate.
ARTICLE 123
(Technical Secretariat)
1. In carrying out its duties, the Bureau of the Povoação
Assembly is assisted by a Technical Secretariat made up of
officials from the Povoação Council.
2. The management of the technical staff assigned to
the Povoação Assembly is the responsibility of its president.
Subsection IV
Justified and unjustified absences
ARTICLE 124
(Appointment and termination of office of councillor)
1. The President of the Povoação Council may appoint
councillors from among members of the Povoação Assembly,
civil servants assigned to the Povoação Council or outside the
local authority and other citizens.
2. The appointment of councillors who are not members of
the Povoação Assembly or civil servants shall be subject to
criteria to be regulated.
3. A member of the Povoação Assembly who has been
appointed to serve as a councillor shall suspend his or her
mandate, without being subject to the 365-day period
considered in this Law for loss of mandate.
4. The councillor shall cease to hold office on the date a new
Mayor of Povoação takes office.
ARTICLE 130
(Powers of the Povoação Council)

(Excused absences)
The Povoação Council is responsible for:
Absences are considered justified due to: a) carry out economic, cultural and social tasks and
a) disease; programmes of local interest defined by the
b) maternity or paternity; Povoação Assembly, under the terms of the law;
c) marriage; b) assisting the President of the Council of Povoação in
d) mourning; the execution and fulfilment of the resolutions
e) weighty reasons not attributable to the member. of the Assembly of Povoação;
c) participate in the implementation of the business plan
ARTICLE 125 and budget in accordance with the principles of strict
(Effects of unjustified absence) financial discipline;
d) to submit proposals and requests for authorisation to the
1. Unjustified absence from the activities of the Povoação
Assembly will result in a deduction in remuneration. Povoação Assembly and to exercise authorised
2. When a member of the Povoação Assembly has missed three powers in matters relating to the organisation and
plenary sessions in a row or six interpolated sessions, he or she functioning of the Povoação Council;
shall lose his or her mandate. e) set the value at which the acquisition of movable
property
SECTION III
depends on a decision by the Povoação Council;
Povoação Council f) dispose of or encumber movable property belonging to
ARTICLE 126 the Council o f Povoação;
g) accept donations, legacies and inheritances;
(Definition) h) to decide on forms of support for non-governmental
The Povoação Council is the executive body of Povoação. organisations and other bodies that pursue purposes
of public interest in the town;
ARTICLE 127 i) propose to the competent body a declaration of public
(Composition) utility for the purposes of expropriation;
1. The composition of the Povoação Council is as follows: j) exercise the powers and faculties established in the
Land Law and its Regulations;
a) the Mayor of Povoação;
k) deciding on everything that concerns the safety and
b) the Councillors.
fluidity of circulation, traffic and parking in streets
2. Councillors are appointed by the Mayor of Povoação. a n d other public places a n d that does not fall
within the competence of other bodies or entities;
ARTICLE 128
l) establish the numbering of buildings and submit
(Constitution) proposals to the Povoação Assembly for the
1. The constitution of the village council depends on the attribution and/or alteration of names for access
number of inhabitants of the respective village: roads, squares, administrative units and other local
a) five members for villages with more than 5,000 authority places, as well as buildings and
inhabitants; infrastructures under the management of the
b) three members for villages with a population of less Povoação Council;
than 5,000 inhabitants. m) deliberate on the roaming of stray animals or wild
2. There may be permanent and part-time councillors, and it species and organisational mechanisms for
is up to the President of Povoação Council to decide which managing them.
councillors will hold office under each regime.
ARTICLE 131
(Sessions of the Povoação Council)
The frequency of sessions and the decision-making process
of the Povoação Council are defined by internal regulations.
25TH AUGUST 2023 1986 - (25)

SECTION IV appropriate places;

g) running the civil protection service, in coordination with
Mayor of Povoação national structures;
ARTICLE 132
(Definition)
The President of Povoação Council is the head of
Povoação's executive body.
ARTICLE 133
(Election)
1. The head of the Povoação Council is elected President of
the Council.
-the list of the political party, coalition of political parties or
group of proposing citizens who obtained the majority of votes
in the elections to the Povoação Assembly.
2. The election of the President of the Council of Povoação is
regulated by
in a specific law.
ARTICLE 134
(Inauguration of the Mayor of Povoação)
The President of the Povoação Assembly shall swear in the
President of the Povoação Council on the same day as the
investiture of the Povoação Assembly.
ARTICLE 135
(Powers of the Mayor of Povoação)
1. The President of Povoação Council is responsible for:
a) directing the day-to-day activities of the town,
coordinating, guiding and overseeing the work of all
the councillors;
b) direct and coordinate the functioning of the Povoação
Council;
c) exercise all the powers conferred by law or by
resolution of the Povoação Assembly;
d) represent the town in and out of court;
e) execute and ensure compliance with the resolutions of
the Povoação Assembly;
f) appoint, dismiss councillors and staff for management,
leadership and trust functions of the organisational
units of Povoação Council;
g) coordinating and monitoring the implementation of
the Povoação Council's decisions.
2. The President of the Povoação Council is also responsible
for:
a) guiding the preparation and participating in the
execution of the village budget, authorising the
payment of expenses, whether they result from a
decision of the Village Council or from their own
decision;
b) sign or endorse correspondence from Povoação
Council to any public or private entity;
c) sign twinning agreements with similar municipalities
abroad, after authorisation by the Povoação
Assembly and after hearing the body that oversees
the area of international cooperation;
d) to represent the executive bodies of Povoação before
the Povoação Assembly and to answer for the policy
and programme followed by these bodies;
e) to acquire the movable goods necessary for the regular
operation of the services, provided that their cost is
within the limit set by the Povoação Assembly and
the Povoação Council;
f) have any necessary decisions published in the
1986 - (26) I SERIES - NUMBER 165
h) carrying out administrative acts to manage the town's
human resources;
i) modify or revoke acts carried out by officials
local authorities;
j) grant contracts necessary for the operation of the
services;
k) take out insurance contracts;
l) bring legal proceedings and defend themselves in
them, and may confess, withdraw, compromise or
accept arbitration;
m) promoting all the actions necessary for the day-to-
day administration of the town's assets and their
conservation, ensuring that the town's register of
movable and immovable property is kept up to date;
n) exercise the powers and faculties established in the
Land Law and its Regulations;
o) To grant licences for construction, rebuilding or
conservation, as well as to approve the respective
projects, under the terms of the law;
p) order, after an inspection, the total or partial
demolition or improvement of buildings that
threaten to collapse or constitute a danger to the
health and safety of people;
q) to guarantee the execution of the works and
interventions for which the town is directly
responsible, which are included in the plans
approved by the Povoação Assembly and which
have adequate funding in the budget for the year in
which they are to be executed, as well as inspection
under the terms of the law and specific municipal
regulations;
r) award contracts necessary for the execution of the
works referred to in the previous paragraph;
s) to grant licences for housing or other use of buildings in
need of major alterations by having specialised
commissions check the conditions of habitability
and conformity with the project approved in
accordance with specific regulations;
t) order the embargo or demolition of any works,
constructions or buildings carried out by private
individuals without complying with the law;
u) order the summary eviction of buildings that have
been expropriated or whose demolition or
improvement has been decided under the terms of
the law;
v) to grant plots in the town's cemeteries for graves and
perpetual graves;
w) grant police or tax licences in accordance with
the provisions of laws, regulations and ordinances;
x) carry out the functions of custodian of cultural
heritage assets in the area under its jurisdiction;
y) carry out the duties of the chief of police of
Povoação, if any;
z) to submit to the body that oversees the local
administration area, after deliberation by the
Povoação Assembly, proposals for the attribution or
alteration of the names of access roads, squares,
administrative units and other places of the local
authority, as well as buildings and infrastructures
under the management of the Povoação Council for
the purposes of homologation by the competent
authority.
3. In cases of urgency and in circumstances where the public
interest of the municipality so dictates, the President of
Povoação Council may carry out acts on matters within the
competence of Povoação Council.
4. The acts referred to in paragraph 3 of this article are
subject to ratification by the Council of Povoação at the first
meeting following their implementation, which must take place
within a maximum of 10 days.
25TH AUGUST 2023
5. Refusal to ratify or failure to submit it for
ratification in due time is cause for the act's nullity.
ARTICLE 136
(Delegation of powers to councillors)
1. The President of Povoação Council may delegate powers
to councillors, as well as to heads of municipal
administrative units.
2. The competences in paragraph 1 a) and b); paragraph 2
c), g) and x); and paragraph 3, all of article 135 of this Law,
cannot be delegated.
ARTICLE 137
(Absences of the President of the Council of Povoação)
1. Absences by the President of the Povoação Council for a
period of 30 days or more, including those outside its
jurisdiction, must be reported to the Bureau of the Povoação
Assembly.
2. Absences by the President of the Povoação Council for more
than 30 days, including those abroad, must be authorised by the
Bureau of the Povoação Assembly and communicated to the
administrative authority.
3. It is up to the Povoação Assembly to decide on the
relevance of the President of the Povoação Council
travelling abroad and to assess the benefits of the mission for
the interests of Povoação.
ARTICLE 138
(Permanent impeachment of the Mayor of Povoação)
1. In the event of death, permanent incapacity, resignation
or loss of office, the President of the Povoação Council is
replaced by a member of the Povoação Assembly appointed by
the political party, coalition of political parties or group of
voting citizens that won the majority of votes.
2. The replacement referred to in paragraph 1 of this article
must take place within 10 days of the date of the declaration of
permanent impediment by the Povoação Assembly and is
limited to completing the mandate of the previous member.
3. Within the period referred to in paragraph 2 of this
article, the Povoação Assembly must:
a) declare the President of the Council of Povoação
permanently incapacitated;
b) suspend the mandate of the member next on the list in
order to take office as President of the Council of
Povoação.
ARTICLE 139
(Replacement of the Mayor of Povoação)
1. The President of Povoação Council is replaced, in his
absences and impediments or temporary incapacity, by one of
the councillors designated by him.
2. The replacement referred to in paragraph 1 of this article
may not exceed 30 days.
3. Exceptionally, replacement may take place for up to 60
days, after which the President of Povoação Council is
permanently replaced, except in cases of illness justified by a
medical board, the period extending up to a maximum of 180
days.
4. For the purposes of the permanent replacement provided
for in paragraph 3 of this article, the President of the Council of
Povoação shall be replaced by a member of the Assembly of
Povoação appointed by the political party, coalition of political
parties or group of voting citizens that obtained the majority of
votes.
1986 - (27)
CHAPTER VI
Common Provisions for Local Authority Bodies
SECTION I
Working committees
ARTICLE 140
(Creation)
1. The Municipal Assembly may set up working committees
at the proposal of its Bureau.
2. The working committees are set up for the duration of the
mandate with a variable number depending on the level of each
municipality and the volume of work, observing the principle of
proportional representation whenever possible.
3. The working committees shall be led by members of the
political forces represented under terms to be defined by the
Rules of Procedure of the Municipal Assembly.
SECTION II
Worktops
ARTICLE 141
(Constitution)
1. The members of the Municipal Assembly elected by each
list, representing a political party, coalition of political parties
or group of proposing citizens, may form a caucus, provided
that they have elected at least two members.
2. Caucus status is recognised whenever a political party,
coalition of political parties or group of proposing citizens has
had at least two members elected.
3. The criteria for setting up the caucus, as well as its
organisation and operation, are laid down in the Rules of
Procedure of the Municipal Assembly.
ARTICLE 142
(Composition and organisation)
1. The composition and organisation of the benches shall be
communicated to the President of the Municipal Assembly.
2. The member must not belong to more than one caucus.
3. Each caucus is free to establish its own organisation.
ARTICLE 143
(Rights of the bench)
1. The rights of the bench include:
a) to present proposals for candidates to serve a s
President and Vice-President of the Municipal
Assembly;
b) propose candidates for members of the Municipal
Assembly;
c) proposing candidates for members of the municipal
assembly's working committees and replacing them
in cases of temporary or permanent impediment;
d) propose candidates to serve as chairman and
rapporteur of the working committees;
e) present communications before the agenda;
f) take the floor for final statements, closure of debates,
explanations of votes, protests and counter-protests;
g) be heard before deliberating on a proposal t o
sanction a member of its caucus;
h) request the adjournment of the sitting if there are
serious grounds for doing so;
1986 - (28) I SERIES - NUMBER 165

i) request that the committee of enquiry be set up; registered with any of the social security systems or schemes
j) put questions to the local council; must, for social security purposes, register with the compulsory
k) propose the registration of information to be submitted social security scheme run by the National Social Security
by the Local Council; Institute.
l) request a debate on urgent matters that have not been
scheduled.
2. The bench has a workplace, as well as technical and
administrative support staff, under the terms to be regulated.

SECTION III

Duties and rights of local authorities

ARTICLE 144
(Duties and rights)
1. The following are the duties of the heads and members of
local authorities:
a) respect the Constitution of the Republic and other laws;
b) pursue the public interest;
c) comply with the public probity rule on conflicts of
interest;
d) to defend legality, freedom and the rights of
municipalities;
e) be regularly accountable to their constituents in the
performance of their mandate;
f) carry out the duties to which they are assigned;
g) vote on matters submitted for consideration by the bodies
to which they belong, except in cases of legal
impediment;
h) drawing up and submitting projects and proposals
within their remit for deliberation by the municipal
bodies.
2. The members of the Municipal Council must not receive
remuneration from public institutions or companies in which
the state has a stake, whether in the form of salaries, attendance
fees or honoraria,
3. The provisions of paragraph 2 of this article shall not apply
to remuneration deriving from acquired retirement or survivor's
pensions, welfare and social security rights, salaries, wages for
duties or positions previously held and teaching or other
intellectual property rights.
4. The following are the rights of the holders and members of
municipal bodies:
a) requesting and obtaining information from any public
or private entity within the local authority on matters
that are of interest to the life of the local authority's
population;
b) receive remuneration and other allowances, according
to criteria to be approved by the Council of
Ministers;
c) take part in the sessions and meetings of the collegiate
bodies in accordance with the law and regulations;
d) other rights provided for by law.
5. Members of local council bodies are entitled to protocol
compatible with their position.

ARTICLE 145
(Welfare and social security)
1. The heads and members of municipal bodies, as public
servants, enjoy the right to social security under the specific
regime applied to state officials and agents, under the terms of
specific legislation.
2. Members who are not state employees and who are not
25TH AUGUST 2023 1986 - (29)
ARTICLE 146
(Right of association)
1. Local authorities enjoy the right of association.
2. The state recognises the National Association of
Municipalities of Mozambique as a platform for local
authorities to coordinate and liaise with each other and with
government bodies, public and private entities.
SECTION IV

Dissolution, dismissal, suspension and resignation from office

ARTICLE 147
(Dissolution of the Municipal Assembly)
The Municipal Assembly may be dissolved by the
Government as a result of serious actions or omissions, under
the terms and grounds of this Law.
ARTICLE 148
(Grounds for dissolving the Municipal Assembly)
1. The following are grounds for dissolving the Municipal
Assembly:
a) violation of the Constitution of the Republic;
b) committing acts that undermine national unity and
the unity of the state;
c) responsibility for the municipality's failure to fulfil
the duties of local authorities;
d) failure to approve the municipality's five-year
programme and other essential instruments for its
operation in good time;
e) when it authorises the local council to exceed the
legally authorised debt limits;
f) when it approves staff costs that exceed the limits
stipulated by law.
2. The Council of Ministers that dissolves a Municipal
Assembly orders elections to be held within 120 days of the
date of its dissolution.
3. The dissolution of the Municipal Assembly implies the
termination of the mandate of the President of the Municipal
Council.
4. The decree dissolving the Municipal Assembly is being
scrutinised by the Constitutional Council.
5. Once the Council of Ministers' Decree dissolving the
Municipal Assembly has been confirmed by the Constitutional
Council, the Council of Ministers appoints an Administrative
Commission to manage the local authority.
6. Elections are not held if the remaining term of office of
the Municipal Assembly is 12 months or less.
ARTICLE 149
(Effects of the dissolution of the Municipal Assembly)
The dissolution of the Municipal Assembly implies:
a) the termination of the mandate of the President of the
Municipal Assembly and the Municipal Council;
b) elections must be held if the time remaining before the
end of the term of office is more than 12 months.
c) the creation of an Administrative Commission by the
Government, for the day-to-day management of the
municipality until the new elected bodies take
office.
ARTICLE 150
(Administrative Commission)
1. The Administrative Commission is the day-to-day
management body of the m u n i c i p a l i t y , created by the
government in the event of the dissolution of the Municipal
Assembly and the consequent loss of the mandate of the
President of the Municipal Council, made up of professionals
from the Public Administration with recognised professional
competence and suitability.
1986 - (30) I SERIES - NUMBER 165
more than thirty days;
2. The Administrative Commission is headed by a President
d) serious professional reasons;
appointed by the Government.
3. The day-to-day management referred to in paragraph 1 of e) relevant family convenience.
this article corresponds to the realisation of activities that the
services and bodies normally carry out in order to pursue their
duties, without prejudice to the powers of direction, supervision
and inspection by the supervisory body.
4. Day-to-day management does not include the approval of
plans, programmes or the assumption of costs that are not
provided for in the management instruments approved by the
local authority.
ARTICLE 151
(Resignation)
The President of the Local Council may be dismissed by the
Government as a result of serious actions or omissions, under
the terms and on the grounds set out in this Law.
ARTICLE 152
(Grounds for dismissal of the President of the Local Council)
1. The following are grounds for dismissal of the President
of the Local Council:
a) violation of the Constitution of the Republic;
b) committing acts that undermine national unity;
c) acts that undermine the unity of the state;
d) proven and repeated violation of budgetary rules
and financial management;
e) a conviction for offences punishable by a prison
sentence of more than two years, with a final
judgement;
f) the verification at a time subsequent to the election, by
inspection, e n q u i r y , investigation, audit or
any judicial means, of the commission by action or
omission of serious illegalities in the immediately
preceding mandate.
2. Dismissal shall be preceded by an enquiry, audit or
investigation into the bodies or departments in the cases
referred to in points a) b) c) and d) of paragraph 1 of this
article.
3. If the body with supervisory powers becomes aware of
facts that could lead to dismissal in the cases referred to in
paragraph 1 a) b) c) and d) of this article, it shall ensure that
the person concerned is heard and has access to all the
elements on which the accusation is based, setting a deadline of
15 days to present his defence.
4. After the accused has exercised his right to a fair hearing,
the body with powers of tutelage assesses all the elements of
the case and refers them to the Council of Ministers for a
decision.
5. The decree of resignation, which is the subject of
examination by the Constitutional Council, is of an urgent
nature and takes priority over other constitutional court cases.

ARTICLE 153
(Suspension of the mandate of a member of the municipal
assembly)
1. A member of the Municipal Assembly may ask the Bureau
to suspend his or her mandate, either for legal reasons or on his
or her own initiative.
2. The following are grounds for suspending the mandate of
a member of the Municipal Assembly:
a) exercise of a function incompatible with that of a
member;
b) proven illness;
c) temporary absence from the local authority area for
25TH AUGUST 2023 1986 - (31)
3. Except in cases of public interest, suspension may not
exceed 365, consecutive or interpolated, during the term of office,
under penalty of forfeiture.
4. Without prejudice to the provisions of paragraph 3 of
this article, members of the Assembly who suspend their
mandate to exercise the functions of President of the
Municipal Council and Councillor are excepted.
ARTICLE 154
(Loss of office)
1. The President of the Municipal Council loses office in
the event of resignation by the Government or the respective
Municipal Assembly.
2. The member of the Municipal Assembly loses his or her
mandate in the cases declared by the respective Assembly.
ARTICLE 155
(Grounds for losing office)
1. The President of the Local Council loses his/her mandate
in the following cases:
a) serious and wilful violation of the Constitution of the
Republic and other legislation applicable to
municipal management;
b) committing acts that offend national unity and the
unity of the state;
c) violation of the rules of public probity established by
law;
d) responsibility for the municipality's failure to
conceive o f local authority powers;
e) failure to submit proposals for plans and budgets and
other essential instruments for the operation of
the local authority to the Local Assembly for
approval;
f) debt above the limits legally authorised for the local
council;
g) staff costs exceed the limits stipulated by law;
h) has been convicted by a final judgement of an offence
punishable by a maximum term of imprisonment;
i) for proven violation of budgetary rules
and financial management by the courts;
j) a situation of supervening incompatibility that has not
been declared and remedied within 15 days of
taking up office.
2. The loss of office of the President of the Municipal
Council is declared by the Council of Ministers after an
enquiry or investigation and is communicated to the Municipal
Assembly.
3. The date of loss of office is determined by the Council of
Ministers.
4. The Decree of the Council of Ministers may be the
subject of a complaint or contentious appeal to the Plenary of
the Administrative Court.
5. The Member of the Municipal Assembly loses their
mandate in the following cases:
a) final conviction for an offence punishable by a longer
prison sentence;
b) register or take up office with a political party,
coalition of political parties or group of voting
citizens other than that for which they were elected;
c) does not take a seat in the Municipal Assembly or
exceeds the number of absences established by law
and the regulations;
d) Ineligibilities existing at the time of the elections
a n d known afterwards, as well as the
incapacities provided for by law.
1986 - (32) I SERIES - NUMBER 165

ARTICLE 156 CHAPTER VII

(Effects of loss of office) Transitional and Final Provisions
In the event of the Mayor's loss of office due to a court ARTICLE 161
conviction resulting from acts contrary to the Constitution, acts (Statute of the municipality of the country's capital)
against national unity, mismanagement of the municipality,
The status of the municipality in the country's capital is
abuse of office, misappropriation of public funds or any
defined by law.
offence punishable by a term of imprisonment, this
automatically implies the cessation of membership of the ARTICLE 162
Municipal Assembly, provided that this is declared in the final
(Rules of Procedure)
judgement.
1. It is up to the Council of Ministers to lay down by Decree
ARTICLE 157 the principles to be included in the Rules of Procedure of the
Municipal Assembly.
(Resignation) 2. The Rules of Procedure of the Municipal Assembly
1. Elected members of municipal bodies may resign from remain in force until a new one is approved.
office.
2. Resignations must be notified in writing to the Bureau of ARTICLE 163
the Municipal Assembly. (Technical offices)
Local authorities can set up technical offices to design and
ARTICLE 158 implement actions necessary for their operation.
(Enforceability of resolutions) ARTICLE 164
The resolutions and decisions of municipal bodies (Regulation)
b e c o m e enforceable on the fifteenth day after they are It is up to the Council of Ministers to regulate this law
passed, unless a decision has been passed by a two-thirds majority within 180 days of its publication.
of the members who passed the decision, recognising the
urgency of enforceability, in which case it becomes ARTICLE 165
enforceable five days after they are passed. (Repeal)
Law no. 6/2018, of 3 August, as amended and republished
ARTICLE 159
by Law no. 13/2018, of 17 December, and any other legislation
(Impugnability of municipal administrative acts) that contradicts this Law, is hereby repealed.
Deliberations or decisions by municipal bodies that contain ARTICLE 166
administrative acts defining the legal situations of private
individuals with immediate external effectiveness are subject to (Entry into force)
the same regime as acts of an equivalent nature issued by state This law enters into force on the date of its publication.
bodies, for the purposes of judicial review or litigation. Approved by the Assembly of the Republic on 7 August
2023.
ARTICLE 160 The President of the Assembly of the Republic, Esperança
(Legal aid) Laurinda Francisco Nhiuane Bias.
The local authority is represented in court by the Promulgated on 21 August 2023.
representative of the Public Prosecutor's Office or by a legally Publish.
constituted lawyer. The President of the Republic, FILIPE JACINTO NYUSI.
25TH AUGUST 2023 1986 - (33)

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