Separation of Powers and Independence of the Judiciary I. Summary of the CSAR 335. According to the CSAR, the Constitution provides for the separation of powers between the Executive, the Legislature and the Judiciary. Article 133 of the Constitution establishes that “the sovereign bodies are the President of the Republic, the Assembly of the Republic, the government, the courts and the Constitutional Council”. Article 134 (Separation and Interdependence) provides that “the sovereign bodies are grounded on the principles of separation and interdependence of powers enshrined in the Constitution, and shall owe obedience to the Constitution and the laws”. 336. The Constitution establishes the following institutions responsible for governance: the President of the Republic and the Council of Ministers (or the government), which constitute the executive power, and the General Assembly, which constitutes the legislative power. Legislative power is not limited to the Assembly. The Council of Ministers can issue regulatory Acts in the form of decree-laws with prior authorisation from the Assembly. A decree-law has the same legal force as the law approved by the Assembly. 337. The President, who is elected by direct, universal suffrage, is at the same time the Head of State and the Head of Government (Executive). The CSAR states that the President and the Executive hold a very dominant position vis-à-vis the Legislature and the Judiciary. 338. This can be categorised as a strong presidential system. The President’s wideranging powers include the authority to command the defence and security forces; decide when to call for elections; appoint the Presidents of the Constitutional Council, the President of the Supreme Court, the President of the Administrative Court, the Vice-President of the Supreme Court, the ProsecutorGeneral and the Vice-Prosecutor-General, the Rectors of the public universities, the Governor and Vice-Governor of the Central Bank; declare war; declare a state of emergency and impose martial law; sign defence treaties and international treaties; and endorse the laws approved by the General Assembly. 339. The CSAR concedes that the principle of the separation of powers has faced challenges in Mozambique, due to provisions in the Constitution as well as constitutional practice. The balance of power tilts towards the President and the Executive at the expense of the Legislature and the Judiciary. 340. Access to the courts and the right to defence and legal aid are constitutionally guaranteed. The administration of justice is unfortunately tainted by inefficiency and corruption, as well as preferential treatment of the rich at the expense of the poor. 126 A P R M COU N T RY R EV IEW R EP ORT NO. 11