ARTICLE 35 (Theft)
01 The following will be punished as the perpetrator of a criminal offense:
- If someone, through fraudulent means, shall use electric energy or deceitfully divert electric circuits;
- Those who shall use any fraudulent means that may influence the normal functioning of an electric metre or who may allow the use of electricity without being rightly accounted for.
02 Shall also get criminal theft charges
- The bearer or withholder who is not able to prove the legal ownership of copper or aluminium cables or any other materials, as well as components of electric facilities, not limited to, devices, equipment, parts and accessories used in the supply of electric energy,
- the holder of goods whose manufacturing was through the use of copper, aluminium, galvanized iron and other hardware, accessories and materials used for the transmission of electric power who is not able to prove its legal ownership.
03 Anyone who through purchase, seizure, gift or by any other means may purchase, receive or hide for themselves or third party’s benefit, assets which they are aware of as being a result of criminal offenses and benefit from them, or may play influence for third parties of good faith to purchase, receive or conceal them will be regarded as accomplice of a theft offense as provided for in sub-clause a) of number 2 of this article.
04 To the concealers or accomplices, it shall be applied the same punishment as that for the perpetrators of an offense.
05 In the cases as provided for in numbers 2 and 3 of the present article, the prison sentences applied shall not be suspended for their execution nor replaced by fine.
ARTICLE 36 (Damage)
Any persons who, may anyway, interfere or unsettle voluntarily, all or part of electric facilities, ultimately hindering electricity generation for public use to whom it is aimed to, shall be charged with the crime of damage and perpetrators of such an offense and, hence, punished pursuant the provisions of the Penal Code and further legislation in force, and having to serve a prison sentence which may not be less than one year.
ARTICLE 37 (Evidence case records)
In the records collected by the agent of authority or by the concessionaires who may be persons of public law on the fall offenses to which the present chapter refers to, the indication of witnesses is released. These case records will be considered prima facie evidence either in the hearing or in the trial, irrespective of the form of applicable process.
ARTICLE 38 (Qualified Disobedience)
If anyone in possession of land near the electric energy transmission lines does, consent or preserve plantations or facilities that may be detrimental or damage such transmission lines or exploration activities and once that person is urged to flatten such assets and refuses to do so, shall be punished pursuant to the Penal Code as the perpetrator of qualified disobedience offense.
ARTICLE 39 (OTHER infringements)
01 the following are punishable offenses in the terms to be ruled, without prejudice to the criminal proceedings that may take place, the provisions in the articles 35, 36 and 38 excepted:
- to supply electric energy without the necessary concession;
- to assemble and/or operate an electric installation without the respective license,
- nonfulfilment of the respective duties that the license and/or concession holders are supposed to abide by
- If these provisions of the present Law and further approved regulations are not complied with.
02 The consumers have the right to be against the execution, by the concessionaire, of supervision for the enforcement of this Law and its regulations, through the concessionaire’s personnel duly identified and accredited under the penalty of having the supply of electric energy interrupted to the infringer and a fine declared pursuant to the terms of the regulation
ARTICLE 40 (Proceedings in the event of fraud)
01 If the concessionaire of electric power supply notice or is suspicious of any fraud, shall notify the competent authorities, however first of all, the concessionaire shall deploy its agents to the site for verification of the installations so as to prove the existing fraud.
02 If, during the verification in the installation, the concessionaire confirms the existence of fraud, they may suspend the electric power supply.
ARTICLE 41 (Sanctions)
The amounts due to the applicable fine over the criminal offenses established by articles 35, 36 and 38 of the present Law are as follows:
- MT3 500 000,00 or MT40 500 000,00, for the crimes established in sub-clause a) of number 1 of article 35 depending on whether it is a Low or Medium and High Voltage installation, respectively;
- MT500 000,OO or MT11 500 000,OO per KVA installed, for the crime established in sub-clause b) of number 1 from article 35, depending on whether it is a Low or Medium and High Voltage installation respectively, plus the electric energy charges based on the client’s normal consumption,
- MT45 000 000,00 or MT168 000 000,00 per kilometre or a fraction of a kilometre of cable or of wire found in their possession, depending on whether they are of low or medium and high voltage installations, respectively and in relation to other parts of an electric installation, three times as much as the restoration amount or of the fixing expenses, as provided for in sub-clause a of number 2 of article 35,
- Four times as much as the market price of the goods or assets found in their possession, for the offense established in sub-clause b) of number 2 of article 35;
- Three times as much as the restoration or repair cost of the equipment or implement, for the offense established in article 36;
- The amount of expenses incurred by the concessionaire in the removal or cutting down of trees and flattening of facilities, for the crime established in article 36.
The applicable fine shall be doubled in the case of backsliding. Backsliding shall be analysed under the terms of the Penal Code in force.
It is incumbent to the Council of Ministers to update the fines herein established whenever deemed necessary.
ARTICLE 42 (Making of Regulations)
It is incumbent to the Council of Ministers to regulate the relevant legal regime set in the present Law.
ARTICLE 43 (Conclusion of agreements with third parties)
None of the provisions of the present Law shall be construed as precluding for the concessionaire to sign agreements or contracts with third parties aiming at carrying out works, installation of equipment, technical assistance, management, partial or total operation of the facilities, remaining, however, the concessionaire’s responsibility in the terms of the granted authorization.
ARTICLE 44 (Acquired Rights)
The existing concessionaires, by the date that the present Law comes into force, for the supply of the electric energy, the rights and duties provided for in the respective concession contracts and their own asset.
The acquired rights under the cover of an existing concession are acknowledged through the presentation, by the holder, of the confirming documentation of existence and its validity within twelve months of the entry in force of the present Law.
Through the present Law, the acquired rights regarding the supply of electric energy under the cover of the previous legislation is safeguarded, provided that there was not any cause of extinction whatsoever, namely, abandonment for more than one year. The exercise of these rights is subject to the applicable terms and conditions to similar concessions in the terms of the provisions of this Law and its regulation.
The recognition of the acquired rights under the previous legislation must be claimed for within twelve months of the entry in force of the present Law, and the concerned parties are due to give the necessary information and clarification.
Persons and entities who are presently carrying out activities of electric energy supply without benefit of concession or running an electric facility under the terms of article 8, they should within 12 months following the date of the entry in force of the present Law, submit the respective application for the concession and/or licenses of establishment or exploration, depending on the case, without prejudice to the provisions of the previous numbers.
It is incumbent to the supervisory authority for the granting of the concession, under the terms of article 7 or for the issue of the licenses referred to in article 10 of this Law, the recognition of the acquired rights under the terms of the previous numbers.
ARTICLE 45 (Commitment to Previous International Duties)
The provisions of the Present Law are not detrimental to the duties on account of international commitments signed with foreign States or entities, under agreements, conventions or contracts regularly signed.
ARTICLE 46 (International Co-operation)
01 The Republic of Mozambique takes part in international organizations and events in the electric energy field and carries out actions of participation in investments of regional interest, aiming at strengthening the national energetic potential.
ARTICLE 47 (Revocation of the previous legislation)
The previous legislation contrary to the present Law is hereby revoked, except the provisions in its 44th article.
ARTICLE 48 (Entry in force)
The present Law comes into force thirty days following its publication.
Passed by the National Assembly at 31 July 1997.
The Speaker of the National Assembly, in office,
Abdul Carimo Mahomed Issá.
Proclaimed at 1 October 1997.
It shall be issued.
The President of the Republic, JOAQUIM ALBERTO CHISSANO.
