Issues excluded from being the subject of referendums at the national level

Constitution of theRepublic of Mozambique

(adopted in 2004)

(English translation)

http://confinder.richmond.edu/admin/docs/Constitution_(in_force_21_01_05)(English)-Mozlegal.pdf

Article 136 (3):

The following matters may not be the subject of referenda:

a) Amendments to the Constitution, with the exception ofthose in article 292 (1);

b) Matters referred to in article 179 (2).

Article 179 (2).

TheAssembly of the Republic shall have exclusive power to:

a) pass constitutional laws;

b) delimit the boundaries of the Republic of Mozambique;

c) decide on territorial divisions;

d) approve the electoral law and the rules for referenda;

e) approve and terminate treaties dealing with issues withintheir jurisdiction;

f) propose the holding of referenda on matters of nationalinterest;

g) endorse the suspension of constitutional guarantees andthe declaration of a state of siege or a state of emergency;

h) ratify the appointment of the President of the SupremeCourt, the President of the Constitutional Council, the President of theAdministrative Court and the Vice President of the Supreme Court;

i) elect the Ombudsman;

j) decide on the Government programme;

k) decide on reports on the activities of the Council ofMinisters;

l) decide on the major options of the Economic and SocialPlan and the State Budget and the respective reports on their implementation;

m) approve the State Budget;

n) define defence and security policy, after consulting theNational Defence and Security Council;

o) define the bases for tax policy and the tax system;

p) authorise the Government, while defining the generalconditions, to contract and make loans and to carry out other credittransactions, for periods exceeding one financial year, and to establish theupper limit for guarantees that may be given by the State;

q) define the statute for holders of sovereign publicoffices, holders of provincial offices and holders of offices in localauthorities;

r) decide on the general bases for the organisation andfunctioning of Public Administration;

s) ratify decree-laws;

t) ratify and terminate international treaties;

u) ratify treaties on Mozambique’s participation in internationaldefence organisations;

v) grant amnesties and pardons.