MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Kenny Laisse and Caio de Mello Ferreira, VdA
First, the object of interpretation – namely, the identifi - cation of the applicable legal norms – should be both objective (focused on discerning the mens legis) and contemporaneous (considering the norms within their current context). The elements of interpretation may be both literal (per - taining to the text of the treaty itself) and extra-textual (encompassing instruments that aid in achieving the interpretative objective). Among the extra-textual ele - ments are systematic, teleological and historical con - siderations. With regard to the systematic element (Article 31 (2)), the “context” of the treaty must be considered, includ - ing, inter alia, the text, preamble, annexes, and any other agreements concluded in relation to the trea - ty. The teleological element is likewise recognised, requiring interpretation in light of the treaty’s object and purpose (Article 31 (1)). The historical element, which encompasses the travaux préparatoires and the circumstances surrounding the treaty’s conclusion, is also relevant, albeit as a supplementary means. The Convention assigns this element a subsidiary role, restricting its use to situations prescribed by Article 32 (a) and (b). In addition to these elements, general principles must be observed – in particular, the principle of good faith, the principle recognising the implied effects of trea - ties, and the principle of teleological interpretation. On this basis, the interpretative method set forth in paragraphs 57 (2), (3) and (4) of the MSC Mediter- ranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSC Flaminia” UK Supreme Court decision is closely aligned with the approach that would be undertaken by judicial bodies within the Mozambican legal order. By contrast, points (1) and (5), though relevant, should not be regarded as general constituent elements of the interpretative framework when construed under Mozambican law. 3.5 Procedure and Requirements for Establishing a Limitation Fund Pursuant to the 1957 Convention, the ship-owner or another entitled person can limit its liability by estab - lishing a limitation fund. The limitation fund can be
established in any way admitted in the law and is dependent on the filing of an application before the competent court. The application must identify: • the occurrence and damages; • the amount of the limitation fund; • how the fund will be established; • the amount of the reserve; and • the known creditors and the amounts of their claims. The application must be filed along with the vessel’s documents (eg, a tonnage certificate) supporting the calculation of the amount of the fund. The calculation of the limitation fund shall be in accordance with Arti - cle 3 of the 1957 Convention. To the best of the authors’ knowledge, limitation funds have not been established in Mozambique. The authors believe that courts would most likely insist on a cash deposit or local bank letter of guarantee. 3.6 Seafarers’ Safety and Owners’ Liability Mozambique is a State-Party to the Maritime Labour Convention as of the date of its ratification on 25 May 2021. In accordance with Standard A4.5 (2) and (10), the Mozambican government has recognised through Decree No 50/2014 of 23 September 2014 (also known as the Maritime Work Regulation) and Decree No 51/2017 of 9 October 2017 (as amended by Decree No 56/2024 of 30 July 2024) – known as the Mandatory Social Security Regulation – that seafarers benefit from the following protections: • sickness benefit (Article 16 (1) (f) and (g) and Arti - cles 41 to 44 of the Maritime Work Regulation); • old-age benefit (Article 65 (d) of the Maritime Work Regulation and Article 29 of the Mandatory Social Security Regulation); • maternity benefit (Articles 27 and 28 of the Manda - tory Social Security Regulation); and • invalidity benefit and survivors’ benefit (Articles 36 to 39 of the Mandatory Social Security Regulation).
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