CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE
2. Elected magistrates shall only take part in first instance judgements and in
decisions on questions of fact.
3. Participation of elected magistrates shall be compulsory in cases where the
procedural law requires it, or when the trial judge so decides, when the Public
Prosecution Service recommends it or when the parties request it.
4. The law shall establish the manner in which the magistrates referred to in this
article are elected, as well as the duration of their terms of office.
CHAPTER II
STATUTE OF JUDGES
Article 217
Independence of Judges
1. In the exercise of their functions, judges shall be independent and shall owe
obedience only to the law.
2. Judges shall likewise be impartial and unaccountable.
3. Judges shall be irremovable, inasmuch as they cannot be transferred,
suspended, retired or dismissed, except in the cases established by law.
Article 218
Responsibility
1. Judges may be held responsible in civil, criminal and disciplinary proceedings
for acts committed in the discharge of their duties only in cases specified by law.
2. The removal of a professional judge from the bench may take place only under
legally established terms.
Article 219
Incompatibility
Judges in office may not undertake any other public or private activity, except for
teaching, legal research or other activities of scientific, literary, artistic and
technical dissemination or publication, with prior authorisation from the Superior
Council of the Judiciary.
Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com
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