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.
