Are the courts still functioning?

With the approval of the situation of public calamity (cf. Decree 79/2020), there is no longer an express reference in regards to the functioning of the courts. In any case, the courts have always remained in operation, although some restrictions apply.

Under the terms of Article 19 of Decree 79/2020, public institutions shall remain in operation. Notwithstanding, the measures to prevent the COVID-19 pandemic must be followed. Public institutions should give preference to the use of electronic tools of voice and data while dealing with the public. As the courts are public institutions, these measures, although general in their nature, will be applied to them.

The Supreme Court ("SC"), through Directive no. 01/TS/GP/2020, of 23 March, established a set of individual and collective prevention measures against the OVID-19 pandemic, which must be observed by the Judicial Courts. Among others, the SC recommended that hearings be held only in the presence of parties, lawyers, witnesses, declarants and/or other essential procedural actors, and ordered that the mediation services of the Judicial Court of the City of Maputo be suspended and that the recommendations and instructions given by the health entities be strictly complied with.

 

Are persons summoned for any procedural acts required to attend?

Whoever is summoned for procedural acts should attend them. In any case, it will always be possible to justify the non-attendance in an act to be performed in person or at a distance, for health reasons or any other pertinent ones, subject to acceptance of same justification by the judge.

 

What happens to the meeting of deadlines during the epidemiological crisis?

For the duration of the situation of public calamity, all procedural and administrative deadlines, including disciplinary proceedings, shall be dully met .

 

What happens to limitation and prescription periods that are in progress?

Limitation and prescription periods are still operating during of the situation of public calamity.

 

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This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.