Meet the Law | COVID-19: State of Emergency in Mozambique | Restrictive measures approved

Under Presidential Decree no. 11/2020, of 30 March 2020 (the "Decree"), which was ratified by Law no. 1/2020 of 31 March, a State of Emergency was declared in Mozambique for a period of 30 days, starting at 00:00 of April 1st and ending on 30 April. The Decree sets forth the restrictive measures that will be in place during such period.

What is the scope of the Decree?
The Decree establishes the restrictive measures that will be in place during the State of Emergency and the temporary suspension of certain rights and freedoms of Mozambican citizens and residents during such period. It also foresees which critical services shall remain operational during the State of Emergency.
What are the main restrictive measures implemented by the Decree?
The Decree lays down the following general restrictive measures:

• Issue of entry visas is suspended, and issued visas are cancelled;
• 14-day mandatory residential quarantine for all persons that enter the country, that have arrived in the country in the last two weeks and that have had direct contact with a person confirmed to have been infected with the COVID-19 virus;
• Closure of public and private schools;
• All public and private events are prohibited; and
• Mandatory implementation of prevention measures by public and private institutions and passenger transportation entities.

Are there any additional measures?
Yes. The Decree also enacts special restrictions and further guidance in relation to the following:

1. Limitation of freedom of movement within national borders, provided that an exponential increase in contamination cases occurs;
2. Enforcement of preventive domiciliary confinement, or in a suitable establishment, to any person that does not comply with the quarantine measures enacted by the Decree;
3. Enforcement of mandatory internment in a health establishment, with therapeutic purposes;
4. Partial closure of national borders;
5. Real time localization thorough geolocation;
6. Requisition of health services, as well as of similar and complementary services;
7. Closing of commercial and recreation establishments, or reduction of their activity;
8. Price monitoring of essential goods, and of goods required for the prevention and control of the pandemic;
9. Promotion and restructuring of the industrial sector towards the production of goods required to tackle the pandemic;
10. Tax and monetary measures aimed at mitigating the economic impact of the pandemic on the private sector;
11. Adopting communication strategies aimed at intensifying educational measures for the community and conveying prevention advices addressed to the population; and
12. Introduction of employee rotation measures, as well as other labor arrangements depending on each sectors' specific needs, whilst ensuring effectiveness control mechanisms.  

What about judicial and administrative proceedings? Will they be suspended?
As a rule, yes. Although not foreseen in the Decree, Law no. 1, of 31 March, which ratifies the Decree, determines that the judicial vacations regime shall apply during the State of Emergency. However, urgent procedural acts will still be adopted, such as protective orders, proceedings concerning fundamental rights, trials of detained defendants and procedural acts referring to urgent cases involving minors.

Additionally, during the State of Emergency, the calculation of the statute of limitation periods applicable to legal actions and rights will be suspended.

What does the partial closure of borders mean?
It means that moving in and out of the country will be limited to movement regarding matters of State, humanitarian aid, health and cargo transportation.

Will any services remain operational?
Yes. Services considered as key to the society shall continue to operate, such as:

1. Hospital and medical services, and those related to medication;
2. Water, power and fuel supply;
3. Sale of food and essential goods;
4. Loading and unloading of animals and perishable foodstuffs;
5. Mail and telecommunications;
6. Weather and air control;
7. Health services;
8. Firefighters;
9. Private security; and
10. Funeral services.

Shall all gatherings be prohibited?
As a rule, yes. Gatherings such as religious events and cultural, recreational, sports, political, associative, touristic or any other kind of activities are not allowed. However, unavoidable matters of State and social events, such as funerals, that require gatherings, are allowed to take place.

How will these measures be enforced?
The execution of the restrictive measures set out in the Decree shall be ensured by Mozambique's Defence and Safety Forces if needed, and non-compliance with the restrictive measures implemented by the Decree shall constitute a crime of disobedience that shall entail the application of the respective penalties.

Additionally, the population and private and public entities are under an obligation to cooperate with the national authorities during this State of Emergency.

How will the restrictive measures be implemented?
The competent State bodies are mandated to execute the measures set out in the Decree, and may request the specialized collaboration of any public entity they deem necessary in light of the actions required for the effective materialization of the restrictive measures determined by the Decree.

Are further regulations expected?
Yes. Given that most measures are broad and do not lay down specific rules on how they shall be materialized, it is expected that competent State bodies enact further regulation that may detail how these measures shall be carried out.

When will the Decree enter into force?
The Decree entered into force on April 1st 2020, and shall be effective for a period of 30 days, which may be altered.