Open Records Laws › Mozambique

Mozambique

Lei do Direito a Informacao (Right to Information Law)

Lei n° 34/2014 de 31 de Dezembro - Lei do Direito à Informação (Law No. 34/2014 of December 31, 2014 - Law on the Right to Information)

Open Records Transparency: 40/100 (moderate) Transparency Score: 40/100

RTI Rating: 60 (source)

Response Timeline

Initial Response
21 days
Residency Required
Citizen

21 calendar days from receipt of request (Article 18). NO provision for extension. Silence beyond 21 days constitutes implicit refusal, allowing appeal (Article 19). Law does not distinguish between working days and calendar days - interpreted as calendar days.

How to Submit a Request

Accepted Methods

  • Written — Written request addressed to the relevant public body
  • Mail — Physical mail to the public body
  • Email — Electronic mail to the official email address of the body
  • In person — In-person submission at the public body's office
  • Oral — Oral requests accepted, including sign language, for persons unable to write (Article 16)

Requests may be submitted in writing (paper or electronic) or orally. Oral requests must be recorded in writing by the public body. Sign language accepted for deaf persons. Must include: name, identification, contact details, description of information. Article 13: right applies to "todo cidadão" (every citizen) - limited to Mozambican citizens only.

Required Elements

  • Name of requester
  • National ID number or passport number
  • Contact information (address, phone, or email)
  • Description of information requested

Optional Elements

  • Preferred format for receiving information
  • Justification for request (not required by law)

Fees

No fee to submit a request. Public bodies may charge a fee for reproduction, copying, or certification, limited to actual costs of materials and labor. Fee schedule must be publicly posted. Fees cannot exceed reasonable cost recovery (Article 21).

Fee Waivers

  • Fee waiver available for requesters who can demonstrate inability to pay
  • Fee waiver for requests in the public interest

Exemptions

  • National Security
    Information that could harm national defense, territorial integrity, or state security
  • International Relations
    Information that could harm foreign relations or international negotiations
  • Criminal Investigations
    Information related to ongoing criminal investigations or judicial proceedings
  • Commercial Confidentiality
    Trade secrets, confidential commercial information, or intellectual property
  • Personal Privacy
    Personal data that could violate individual privacy rights
  • Professional Confidentiality
    Information protected by professional secrecy (medical, legal, etc.)
  • Internal Deliberations
    Preparatory documents, draft opinions, or internal deliberations before final decision

Article 14 lists seven exemption categories. Exemptions must be interpreted narrowly and applied to specific information, not entire documents. Public interest override: Article 15 requires disclosure even if exempt when public interest outweighs harm. Partial disclosure required when possible (Article 15). No sunset clause for exemptions. RTI Rating scored exceptions 18/30.

Appeal Process

1

1

2

2

Two-tier appeal system: (1) internal review by public body head within 15 days; (2) judicial review by administrative court within 30 days. CRITICAL WEAKNESS: Law does NOT establish an independent information commission or ombudsman for FOI appeals. All appeals go through judiciary, which is slow and expensive. RTI Rating scored appeals 16/30, noting lack of specialized administrative oversight body as a major gap.

Sources & References