23 October 2008
Maputo — The Mozambican parliament, the Assembly of the Republic, on Thursday unanimously passed the first reading of a government bill winding up the country's military courts and incorporating all their staff into the civilian courts and prosecution services.
The Constitution approved in November 2004 declared that courts martial can only exist in time of war. Thus the constitution outlawed military courts and military prosecutors in times of peace.
Yet the apparatus of a military justice system existed and was not immediately dismantled. For the past four years, military judges and attorneys have continued to draw wages, though they cannot hear cases, and have precious little work to do.
This overdue bill simply incorporates into the civilian legal system all the military judges, attorneys and other staff - as long as they meet the requirements for these offices. Those who do not have these requirements (such as a law degree) will have to return to the positions in the armed forces from which they originally came.
Any cases still pending in the military courts must be handed over to the civilian courts along with all documentation. The government will decide on the fate of any other assets held by the military courts. The budgetary endowment for the military justice system will now go to the civilian courts and attorneys offices.
Military crimes will now be dealt with by the normal courts. District or provincial courts will hear cases involving privates, sergeants and other low ranking officers. Generals charged with crimes are entitled to have their cases heard by the Supreme Court, and other high ranking officers by the Higher Courts of Appeal.
The bill was entirely uncontroversial, and was passed by consensus after a very brief debate.
Pf/ (296)
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