Constitutional Court declares Administrative Litigation Law unconstitutional

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Constitutional Court declares Administrative Litigation Law unconstitutional

5:20 CAT | 17 Mar 2017

O País / Paragraph 1 of article 33 of Law no. 7/2014, of February 28, violates article 70 of the Constitution of the Republic of Mozambique

Employees and staff can already appeal directly to the court, if they feel their rights violated, without having to reach the highest hierarchical level of the institution. It is that the Constitutional Council declared unconstitutionality to number 1 of article 33 of the Law on Administrative Litigation.

According to this law, civil servants could not appeal directly to the court, when they were expelled or punished by their superior, without having taken the case to the highest body, in the case of the Civil Service, to the minister of guardianship.

The Mozambican Bar Association understood that this law contradicts the Constitution of the Republic, which provides in Article 70 that “Citizens have the right to appeal to the courts against acts that violate their rights and interests recognized by the Constitution and by law “.

The lawyers asked the Ombudsman to refer the matter to the Constitutional Council in order to declare it unconstitutional. And, in fact, the Constitutional Council decided to declare the unconstitutionality of the number 1 of article 33 of the Law on Administrative Litigation. “The Constitutional Council declares the material unconstitutionality of paragraph 1 of article 33 of Law no. 7/2014, of February 28, for violating Article 70 of the Constitution of the Republic of Mozambique,” says the judgement of the Constitutional Council.

Source: O País