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THE LEGAL FRAMEWORK FOR STANDARDISATION AND QUALITY IN MOZAMBIQUE, Constitutional Foundations and the Structure of the National Quality System

  1. Introduction

The assurance of the quality of goods and services is today an essential element of modern economic regulation. In a context of growing economic integration, expansion of international trade, and intensified circulation of products across different markets, the existence of reliable technical standards has become a determining factor in ensuring trust in economic transactions, consumer safety, and business competitiveness.

Quality has therefore ceased to be merely a business or technical concern and has become part of the sphere of public policy and economic regulation. States adopt institutional and legal systems designed to establish technical standards, ensure the accuracy of measurements used in economic activities, and verify the conformity of products and services placed on the market.

In Mozambique, this objective is achieved through a set of legal and institutional instruments which, taken together, form the National Quality System (Sistema Nacional da Qualidade — SINAQ). This system comprises standardization, metrology, conformity assessment, and accreditation activities aimed at ensuring that products, processes, and services comply with recognized technical standards.

The legal framework for standardization and quality is grounded, first and foremost, in the Constitution of the Republic of Mozambique, approved in 2004 and subsequently revised by Law No. 1/2018 of 12 June and republished by Law No. 11/2023 of 23 August. The Constitution expressly recognizes consumers’ right to the quality of the goods and services they consume, as well as to the protection of their health, safety, and economic interests.

The implementation of these constitutional principles is ensured by various legal instruments and public policy measures. Notable among them are Law No. 22/2009 of 28 September, the Consumer Protection Law; Decree-Law No. 2/2010 of 31 December, establishing the Legal Regime of Metrology; and Decree No. 8/2022 of 14 March, approving the Regulation on Standardization and Conformity Assessment. These instruments are further complemented by Resolution No. 42/2022 of 16 November, which approves the Quality Policy and Strategy for its Implementation 2023–2032, defining the country’s strategic direction in this field.

This article provides an overview of the legal framework for standardization and quality in Mozambique, analyzing its constitutional foundations, the structure of the National Quality System, and the main legal instruments that ensure its implementation.

 

  1. The constitutional framework of quality

The legal framework for quality in Mozambique finds its primary foundation in the Constitution of the Republic of Mozambique.

Among the various economic and social rights enshrined in the Constitution, Article 92 is particularly noteworthy, as it expressly recognizes consumer rights. Under this provision, consumers have the right to the quality of the goods and services they consume, to education and information, as well as to the protection of their health, the safety of their economic interests, and compensation for damages.

This constitutional principle forms the basis of all consumer protection legislation and legitimizes the adoption of technical standards aimed at ensuring that products placed on the market comply with appropriate standards of safety and performance.

The Constitution also enshrines the right to health, provided for in Article 89, assigning to the State the responsibility to promote and protect public health. This principle supports the adoption of sanitary standards applicable to food products, medicines, water intended for human consumption, and other goods whose use may affect the health of the population.

The Constitution further enshrines the right to a balanced environment and to the improvement of quality of life, provided for in Article 117, imposing on the State the duty to adopt policies aimed at environmental preservation and the rational use of natural resources.

Finally, the constitutional text assigns to the State an active role in promoting and coordinating economic activity, under Article 101, with a view to addressing the fundamental problems of the population and promoting economic and social development.

These principles demonstrate that quality regulation constitutes a dimension of the realization of fundamental rights and the pursuit of the public interest, thereby justifying the existence of an institutional and normative system designed to ensure the technical conformity of goods and services placed on the market.

 

  1. The National Quality System

Public policy on quality in Mozambique is structured around the Quality Policy and Strategy for its Implementation 2023–2032, approved by Resolution No. 42/2022 of 16 November.

This instrument sets out the country’s strategic vision in the field of quality and defines the objectives, principles, and institutional mechanisms aimed at consolidating an effective and sustainable National Quality System (Sistema Nacional da Qualidade — SINAQ).

According to this policy, the quality system constitutes essential infrastructure for economic development, contributing to increased productivity, enhanced competitiveness of national products, and consumer protection.

SINAQ is based on four fundamental pillars:

  • standardization, which consists of the development and adoption of technical standards applicable to products, processes, and services; 
  • metrology, which ensures the accuracy of measurements used in economic activities; 
  • conformity assessment, which includes certification, testing, and inspection activities aimed at verifying compliance with technical standards; 
  • accreditation, which guarantees the competence of the entities responsible for carrying out conformity assessment activities. 

At the legal level, standardization and conformity assessment activities are specifically governed by Decree No. 8/2022 of 14 March, which approves the Regulation on Standardization and Conformity Assessment. This legal instrument establishes the legal regime applicable to the development of Mozambican Technical Standards, the adoption of technical regulations, and the performance of conformity assessment activities, including certification, testing, inspection, and labelling.

The regulation also defines the objectives of standardization and conformity assessment, which include consumer protection, the promotion of fair competition, the elimination of technical barriers to trade, and the facilitation of Mozambique’s integration into international trade.

 

  1. Standardization and the role of INNOQ

Standardization refers to the process of developing, approving, and applying technical standards that establish requirements relating to products, services, or production processes.

Technical standards may define safety requirements, performance characteristics, testing methods, management systems, or production procedures. The adoption of technical standards makes it possible to harmonize industrial practices, facilitate trade, and promote consumer safety.

Under Decree No. 8/2022 of 14 March, Mozambican Technical Standards (Normas Técnicas Moçambicanas — NM) are developed by technical committees composed of representatives of public administration, the private sector, academia, and consumers, thereby ensuring a participatory and consensus-based process.

As a rule, these standards are voluntary in nature, becoming mandatory when incorporated into technical regulations or when referenced by legislation applicable to specific economic sectors.

In Mozambique, the entity responsible for coordinating standardization and quality activities is the National Institute for Standardization and Quality (Instituto Nacional de Normalização e Qualidade — INNOQ, IP). Its main powers include coordinating standardization activities, certifying the conformity of products and management systems, verifying the conformity of national and imported products, and managing the national conformity mark.

The practical relevance of standardization can be observed in INNOQ’s Catalogue of Mozambican Standards, a document available on the institution’s website, which brings together hundreds of technical standards applicable to various sectors of the economy. According to this catalogue, the national standardization system comprises standards distributed across multiple areas of activity, organized according to the International Classification for Standards (ICS), including fields such as food technology, environment, construction, energy, telecommunications, and agriculture.

For example, there are standards relating to the quality of food products, testing methods, machinery safety, construction materials, and quality management systems. This diversity demonstrates that standardization is a cross-cutting instrument applicable to virtually all economic sectors.

The catalogue also shows that standardization in Mozambique is aligned with international standards, particularly through the adoption of standards based on reference frameworks such as ISO, thereby contributing to technical harmonization and the facilitation of international trade.

 

  1. Metrology and the control of measurements

Another essential pillar of the quality system is metrology, which concerns the science and application of measurements.

In Mozambique, metrology activities are regulated by Decree-Law No. 2/2010 of 31 December, which approves the Legal Regime of Metrology.

This legal instrument establishes the rules applicable to units of measurement, measurement standards, and instruments used in economic activities, while also defining the mechanisms of legal metrological control.

Under this regime, the use of legal units of measurement is mandatory throughout the national territory, ensuring uniformity in measurements carried out in commercial transactions and industrial operations.

In addition, measuring instruments used in economic activities — such as commercial scales, fuel pumps, or meters — are subject to verification and metrological control procedures designed to ensure the accuracy of measurements.

These mechanisms are intended to protect both consumer interests and fairness in commercial transactions.

 

  1. Quality as a consumer right

The most visible dimension of the legal framework for quality is reflected in consumer protection.

Law No. 22/2009 of 28 September, the Consumer Protection Law, establishes that consumers have the right to the quality of goods and services, as well as to the protection of their health, safety, and economic interests.

Under this law, goods and services placed on the market must be suitable for the purposes for which they are intended and must correspond to the characteristics and effects attributed to them by legal provisions or by consumers’ legitimate expectations.

The law also establishes information duties for suppliers, requiring that consumers be provided with clear and adequate information on product characteristics, the risks associated with their use, and the conditions for their use or preservation.

Products are considered unfit for consumption where, among other circumstances, they are deteriorated, adulterated, harmful to health, or not in compliance with the legal or regulatory standards applicable to their production or commercialization.

In this way, consumer protection legislation operates as a complementary mechanism within the quality system, ensuring that technical standards and legal rules translate into concrete benefits for citizens.

 

  1. Conclusion

Standardization and quality are fundamental instruments of contemporary economic regulation and consumer protection.

In Mozambique, the legal framework for quality is based on a combination of constitutional principles, public policies, and normative instruments which, taken together, structure the National Quality System.

The Constitution of the Republic of Mozambique, revised by Law No. 1/2018 of 12 June and republished by Law No. 11/2023 of 23 August, establishes the fundamental framework by recognizing consumers’ right to the quality of goods and services.

This framework is further developed by various legal instruments, notably Decree No. 8/2022 of 14 March, which establishes the legal regime for standardization and conformity assessment; Decree-Law No. 2/2010 of 31 December, concerning legal metrology; and Law No. 22/2009 of 28 September, which enshrines consumer rights.

INNOQ’s Catalogue of Mozambican Standards highlights the practical dimension of this system, demonstrating the diversity of applicable standards and their importance for the quality, safety, and competitiveness of the national economy.

Taken together, these instruments show that quality has ceased to be merely a technical attribute of products and services and has become an essential element in the organization of markets, the protection of citizens’ rights, and Mozambique’s integration into regional and international markets. 

 

REFERENCES:

Constitution of the Republic of Mozambique. Approved in 2004. Revised by Law No. 1/2018 of 12 June and republished by Law No. 11/2023 of 23 August.

Decree No. 8/2022 of 14 March. Approves the Regulation on Standardization and Conformity Assessment.

Decree-Law No. 2/2010 of 31 December. Approves the Legal Regime of Metrology.

Decree No. 74/2013 of 31 December. Approves the Organic Statute of the National Institute for Standardization and Quality (INNOQ, IP).

Law No. 22/2009 of 28 September. Consumer Protection Law.

Resolution No. 42/2022 of 16 November. Approves the Quality Policy and Strategy for its Implementation 2023–2032.

NATIONAL INSTITUTE FOR STANDARDISATION AND QUALITY (INNOQ). Catalogue of Mozambican Standards.