Court Fees in Mozambique: When the Constitutionally Enshrined Right to Access to Justice Clashes with the Economic Reality of Citizens

Zeferino Chaúque"

Law No. 01/2018 of June 12th, in its article 62, clearly enshrines the fundamental right of access to justice for all citizens, regardless of their economic or social condition. It is important to emphasize that this principle is an essential pillar of a democratic rule of law, since discussing a democratic state cannot ignore the core issue concerning article 1 of the aforementioned law. Furthermore, the principle in question determines that the State guarantees citizens' access to the courts and ensures citizens' right to defense and the right to legal assistance and legal representation.

However, the economic reality for most Mozambicans clashes with this constitutional ideal. High court costs, lack of information in certain areas, and bureaucracy for citizens who are exempt from them, transform access to justice into a privilege rather than an effective right constitutionally guaranteed.

According to Article 1CJJ (Code of Court Fees), regarding the concept of court fees, it states that "civil proceedings are subject to fees, which include court tax, stamp duty, and charges." Therefore, for a large part of the population, especially in rural areas, these costs are incompatible with citizens' monthly income.

Although Article 2 of the Code of Court Fees expressly provides for exemption mechanisms for economically disadvantaged individuals, in practice, many Mozambican citizens are unaware of the existence of this right, which is also constitutionally enshrined in Article 62, paragraph 2. This lack of information, coupled with the absence of effective channels for dissemination and support, means that a large part of the population does not benefit from the exemption and, consequently, most citizens end up giving up on pursuing legal action, thus violating the State's right of access to the courts as enshrined in Article 62 of the CRM (Code of Medical Procedure).

In Mozambique, these financial burdens represent a significant obstacle for the average citizen, especially those living in rural or remote areas where income levels are generally low and economic opportunities are limited. For many families, the cost of court fees equals or even exceeds their monthly income, making it impractical to initiate or pursue legal proceedings.

This situation is further aggravated by the fact that, in several locations, access to lawyers or services from the Institute of Legal Aid and Assistance (IPAJ) is scarce or non-existent, forcing citizens to bear costs alone that, in practice, exceed their economic means.

As a consequence, a cycle of exclusion and legal inequality is formed: vulnerable people relinquish the exercise of their constitutional right of access to justice, even when they are victims of a violation of their fundamental rights. Furthermore, the geographical distance between rural communities and the urban centers where the courts are located substantially increases indirect costs, such as transportation, food, and accommodation, reinforcing barriers to effective access to justice.

Thus, it becomes evident that, without practical, accessible, and effective mechanisms for exemption from court fees and legal aid, the constitutional right of access to justice becomes merely formal, benefiting only those who have financial resources, excluding a large part of the most disadvantaged population based on a lack of information regarding the exemption from court fees for economically disadvantaged citizens.

In short, one of the main challenges lies in the lack of information. Many people are unaware of their rights or the necessary procedures to apply for the exemption. Furthermore, there is excessive bureaucracy and, in some cases, documentary requirements that make life difficult for the poorest – precisely those who need this protection the most.

Another problem lies in the implementation of the benefit: even when the exemption is granted, the process is often slow or encounters administrative obstacles, compromising the swift progress of legal actions. This ends up reinforcing inequalities and further distancing needy citizens from the justice system.

It is urgent to strengthen public information campaigns, simplify procedures, and make judicial services more accessible and humane. The right to justice should not depend on the size of one's wallet, but rather on the constitutional guarantee of equality before the law for all.

If we want a truly democratic justice system, it is essential to transform norms into effective practices, ensuring that justice is a public good and not a privilege of the few.

2025/12/3