MAPUTO — Mozambique’s Constitutional Council has declared several provisions of the country’s telecommunications traffic-control regulations unconstitutional, delivering a major ruling on government powers and digital rights.

The decision, contained in Judgment No. 6/CC/2026 of July 29, followed a constitutional challenge by the Ombudsman against regulations approved under Decree No. 48/2025.

The court found that the government had exceeded its regulatory authority by creating restrictions on fundamental rights without legislation approved by Parliament. The contested framework gave the National Communications Institute powers to intervene in telecommunications networks and, under specified circumstances, order partial or total blocking of communications.

The Constitutional Council said the regulations affected constitutionally protected rights including freedom of expression and information, privacy, and the confidentiality of communications. It also stressed the constitutional principle that substantial restrictions on fundamental rights fall within Parliament’s legislative powers.

Mozambique’s Minister of Communications and Digital Transformation, Américo Muchanga, said the government respects the Constitutional Council’s decision, describing respect for state institutions as part of the country’s democratic framework.

The ruling could now trigger further discussion over how Mozambique balances telecommunications security, cybercrime prevention and public safety with constitutional protections for digital communication.

The decision is a significant development for Mozambique’s political and digital landscape and could shape the future regulation of telecommunications and internet-related powers in the country.