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PART IFundamental
Principles
ARTICLE 1
The Republic of Angola shall
be a sovereign and independent nation whose primary objective shall be
to build a free and democratic society of peace, justice and social
progress.
ARTICLE 2The Republic of Angola
shall
be a democratic State based on the rule of law, national unity, the
dignity
of the individual, pluralism of expression and political organization,
respecting and guaranteeing the basic rights and freedoms of persons,
both
as individuals and as members of organized social groups.ARTICLE 3[1] Sovereignty shall be
vested
in the people, who shall exercise it in the manner provided for in the
present Law.
[2] The Angolan people shall
exercise political power through periodic universal suffrage to choose
their representatives, by means of referendums and other forms of
democratic
participation in national life.cralaw:red
[3] Special laws shall regulate
the process of general elections.
ARTICLE 4[1] Political parties,
within
the framework of the present law and statutory laws, shall compete, on
the basis of a project for society and a political program, to organize
and express the will of citizens, participating in political life and
the
exercise of universal suffrage by democratic and peaceful means.
[2] Political parties shall,
in their objectives, program and activity, contribute to:
(a) The consolidation of
the Angolan nation, national independence and strengthened national
unity;
(b) The safeguarding of
territorial integrity;
(c) The defense of
national
sovereignty and democracy;
(d) The protection of
fundamental
freedoms and the rights of the individual;
(e) The defense of the
republican
form and unitary and secular nature of the State.
[3] Political parties shall
be entitled to equal treatment by those exercising public power, as
well
as to equal treatment by the press, in accordance with the law.
[4] The constitution and
functioning of parties shall, in accordance with the law, comply with
the
following fundamental principles:
(a) National in
character
and scope;
(b) Free constitution;
(c) Public pursuance of
aims;
(d) Freedom of
membership
and single membership;
(e) Exclusive use of
peaceful
means in pursuing their aims, prohibiting the creation or use of
military,
paramilitary or militarized organizations;
(f) Democratic
organization
and functioning;
(g) Prohibition to
receive
contributions of monetary or economic value from foreign governments or
governmental institutions.
ARTICLE 5The Republic of Angola
shall
be a unitary and indivisible State whose inviolable and inalienable
territory
shall be that defined by the present geographical limits of Angola, and
any attempt at separatism or dismemberment of its territory shall be
vigorously
combated.ARTICLE 6The State shall exercise
its
sovereignty over the territory, internal and territorial waters, air
space,
soil and sub-soil.ARTICLE 7Economic, social and
cultural
solidarity between all regions of the Republic of Angola shall be
promoted
and intensified, with a view to the common development of the Angolan
nation
as a whole.ARTICLE 8[1] The Republic of Angola
shall
be a secular State, and there shall be separation between the State and
churches.
[2] Religions shall be respected
and the State shall protect churches and places and objects of worship,
provided they abide by the laws of the State.
ARTICLE 9The State shall guide the
development
of the national economy, with a view to guaranteeing harmonious and
balanced
growth of all sectors and regions of the country, and rational and
efficient
use of all productive capacity and national resources, as well as
heightening
the well-being and quality of life of citizens.ARTICLE 10The economic system shall
be
based on the coexistence of diverse forms of property - public,
private,
mixed, cooperative and family - and all shall enjoy equal protection.
The
State shall encourage participation in the economic process of all
agents
and forms of property, creating conditions for them to function
efficiently
in the interests of national economic development and satisfying the
needs
of citizens.ARTICLE 11[1] Sectors and activities
that
remain the preserve of the State shall be determined by law.
[2] In the use and exploitation
of public property, the State shall guarantee efficiency and
profitability,
in accordance with the proposed aims and objectives.cralaw:red
[3] The State shall encourage
the development of private, mixed, cooperative and family enterprises,
creating conditions for them to operate, and shall give special support
to small and medium-scale economic activity, in accordance with the law.cralaw:red
[4] The State shall protect
foreign investment and foreign property, in accordance with the law.
ARTICLE 12[1] All natural resources
existing
in the soil and subsoil, in internal and territorial waters, on the
continental
shelf and in the exclusive economic area, shall be the property of the
State, which shall determine under what terms they are used, developed
and exploited.
[2] The State shall promote
the protection and conservation of natural resources guiding the
exploitation
and use thereof for the benefit of the community as a whole.cralaw:red
[3] Land, which is by origin
the property of the State, may be transferred to individuals or
corporate
bodies, with a view to rational and full use thereof, in accordance
with
the law.
[4] The State shall
respect
and protect people's property, whether individuals or corporate bodies,
and the property and ownership of land by peasants, without prejudice
to
the possibility of expropriation in the public interest, in accordance
with the law.
ARTICLE 13Any nationalization or
confiscation
carried out under the appropriate law shall be considered valid and
irreversible
for all legal purposes, without prejudice to the provisions of specific
legislation on reprivatization.ARTICLE 14
[1] The fiscal system shall
aim at meeting the economic, social and administrative needs of the
State
and ensuring the fair distribution of income and wealth.cralaw:red
[2] Taxes may he created
or abolished only by law, which shall determine applicability, rates,
tax
benefits and guarantees for taxpayers.
ARTICLE 15The Republic of Angola
shall
respect and implement the principles of the United Nations Charter, the
Charters of the Organization of African Unity and the Movement of
Non-Aligned
Countries, and shall establish relations of friendship and cooperation
with all States, based on the principles of mutual respect for
sovereignty
and territorial integrity, non-interference in the internal affairs of
each country and reciprocal advantages.ARTICLE 16The Republic of Angola
shall
support and be in solidarity with the struggles of peoples for national
liberation and shall establish relations of friendship and cooperation
with all democratic forces in the world.ARTICLE 17The Republic of Angola
shall
not join any international military organization or permit the
establishment
of foreign military bases on its national territory.PART IIFundamental Rights
and
DutiesARTICLE 18[1] All citizens shall be
equal
under the law and shall enjoy the same rights and be subject to the
same
duties, without distinction as to color, race, ethnic group, sex, place
of birth, religion, ideology, level of education or economic or social
status.
[2] All acts aimed at jeopardizing
social harmony or creating discrimination or privileges based on those
factors shall be severely punishable by law.
ARTICLE 19[1] Angolan nationality
may
be by origin or acquired.
[2] The requirements for
the attribution, acquisition, loss or re-acquisition of Angolan
nationality
shall be determined by law.
ARTICLE 20The State shall respect
and
protect the human person and human dignity. Every citizen shall be
entitled
to the free development of his or her personality, with due respect for
the rights of other citizens and the highest interests of the Angolan
nation.
The life, freedom, personal integrity, good name and reputation of
every
citizen shall be protected by law.ARTICLE 21[1] The fundamental rights
provided
for in the present Law shall not exclude others stemming from the laws
and applicable rules of international law.
[2] Constitutional and legal
norms related to fundamental rights shall be interpreted and
incorporated
in keeping with The Universal Declaration of the Rights of Man, the
African
Charter on the Rights of Man and Peoples and other international
instruments
to which Angola has adhered.cralaw:red
[3] In the assessment of
disputes by Angolan courts, those international instruments shall apply
even where not invoked by the parties.
ARTICLE 22[1] The State shall
respect
and protect the life of the human person.
[2] The death penalty shall
be prohibited.
ARTICLE 23No citizen may be
subjected
to torture or any other cruel, inhuman or degrading treatment or
punishment.ARTICLE 24[1] All citizens shall
have
the right to live in a healthy and unpolluted environment.
[2] The State shall take
the requisite measures to protect the environment and national species
of flora and fauna throughout the national territory and maintain
ecological
balance.cralaw:red
[3] Acts that damage or directly
or indirectly jeopardize conservation of the environment shall be
punishable
by law.
ARTICLE 25[1] Any citizen may move
freely
and reside in any part of the national territory, and shall not be
impeded
from so doing for political or any other reasons, except in cases
provided
for under Article 50 of the present Law, and where for the protection
of
the economic interests of the nation the law determines restrictions on
citizens having access to or residing in reserve or mining areas.
[2] All citizens shall be
free to leave and enter the national territory, without prejudice to
limitations
stemming from the fulfillment of legal duties.
ARTICLE 26Any foreign or expatriate
citizen
shall be guaranteed the right to ask for asylum in the event of
persecution
for political reasons, in accordance with the laws in force and
international
instruments.ARTICLE 27[1] The extradition or
expulsion
of Angolan citizens from the nations territory shall not be permitted.
[2] The extradition of foreign
citizens for political motives or for charges punishable by the death
penalty
under the laws of the applicant county shall not be permitted.cralaw:red
[3] In accordance with the
law, Angolan courts shall know the charges made against citizens whose
extradition is not permitted under the foregoing paragraphs of the
present
Article.
ARTICLE 28[1] It shall be the right
and
duty of all citizens aged over 18, other than those legally deprived of
political and civil rights, to take an active part in public life, to
vote
and stand for election to any State body, and to fulfill their offices
with full dedication to the cause of the Angolan nation.
[2] No citizen shall suffer
discrimination in respect of employment, education, placement,
professional
career or social benefits to which he or she is entitled owing to
political
posts held or to the exercise of political rights.cralaw:red
[3] The law shall establish
limitations in respect of the non-party affiliations of soldiers on
active
service, judges and the police forces, as well as the electoral
incapacity
of soldiers on active service and police forces.
ARTICLE 29[1] The family, the basic
nucleus
of social organization, shall be protected by the State, whether based
on marriage or de facto union.
[2] Men and women shall be
equal within the family, enjoying the same rights and having the same
duties.cralaw:red
[3] The family, with special
collaboration by the State, shall promote and ensure the all-round
education
of children and young people.
ARTICLE 30[1] Children shall be
given
absolute priority and shall therefore enjoy special protection from the
family, the State and society with a view to their all-round
development.
[2] The State shall promote
the harmonious development of the personality of children and young
people
and create conditions for their integration and active participation in
the life of society.
ARTICLE 31The State, with the
collaboration
of the family and society, shall promote the harmonious development of
the personality of young people and create conditions for fulfillment
of
the economic, social and cultural rights of the youth, particularly in
respect of education, vocational training, culture, access to a first
job,
labor, social security, physical education, sport and use of leisure
time.ARTICLE 32[1] Freedom of expression,
assembly,
demonstration and all other forms of expression shall be guaranteed.
[2] The exercise of the rights
set out in the foregoing paragraph shall be regulated by law.cralaw:red
[3] Groupings whose aims
or activities are contrary to the fundamental principles set out in
Article
158 of the Constitutional Law and penal laws, and those that, even
indirectly,
pursue political objectives through organizations of a military,
paramilitary
or militarized character, secret organizations and those with racist,
fascist
or tribalist ideologies shall be prohibited.
ARTICLE 33[1] The right to
professional
and trade union organization shall be free, and the forms in which it
is
exercised shall be guaranteed by law.
[2] All citizens shall have
the right to organize and take part in trade union activity, which
shall
include the right to constitute and freely join trade unions.cralaw:red
[3] Adequate protection for
the elected representatives of workers against any form of restriction,
constraint or limitation on the performance of their duties shall be
established
by law.
ARTICLE 34[1] Workers shall have the
right
to strike.
[2] A specific law shall
regulate the exercise of the right to strike and limitations thereto in
essential services and activities, in the pressing public interest.cralaw:red
[3] Lockouts shall be prohibited.
ARTICLE 35Freedom of the press shall
be
guaranteed and may not be subject to any censorship, especially
political,
ideological or artistic. The manner of the exercise of freedom of the
press
and adequate provisions to prevent and punish any abuse thereof shall
be
regulated by law.ARTICLE 36[1] No citizen may be
arrested
or put on trial except in accordance with the law, and all accused
shall
be guaranteed the right to defense and the right to legal aid and
counsel.
[2] The State shall make
provision to ensure that justice shall not be denied owing to
insufficient
economic means.cralaw:red
[3] No one shall be sentenced
for an act not considered a crime at the time when it was committed.cralaw:red
[4] The penal law shall apply
retroactively only when beneficial to the accused.cralaw:red
[5] The accused shall be
presumed to be innocent until a judicial decision is taken by the court.
ARTICLE 37Preventive detention shall
be
permitted only in cases provided for by the law, which shall establish
the limits and periods thereof.ARTICLE 38Any citizen subject to
preventive
detention shall be taken before a competent judge to legalize the
detention
and be tried within the period provided for by law or released.ARTICLE 39No citizen shall be
arrested
without being informed of the charge at the time of arrest.ARTICLE 40Any arrested citizen shall
have
the right to receive visits from family members and friends, and to
correspond
therewith, without prejudice to the conditions and restrictions
provided
for by law.ARTICLE 41Any citizen sentenced
shall
have the right to appeal to the competent court or to the Supreme Court
against the judicial decision taken in accordance with the law.ARTICLE 42[1] To prevent any abuse
of
power through imprisonment or illegal detention, a writ of habeas
corpus
may be presented to the competent legal court by the person concerned
or
any other citizen.
[2] The right to habeas
corpus shall be regulated by law.
ARTICLE 43Citizens shall have the
right
to contest and take legal action against any acts that violate their
rights
as set out in the present Constitutional Law and other legislation.ARTICLE 44The State shall guarantee
the
inviolability of the home and the secrecy of correspondence, with
limitations
especially provided for by law.ARTICLE 45Freedom of conscience and
belief
shall be inviolable. The Angolan State shall recognize freedom of
worship
and guarantee its exercise, provided it does not conflict with public
order
and the national interest.ARTICLE 46[1] Work shall be the
right
and duty of all citizens.
[2] Every worker shall have
the right to fair pay, rest, holidays, protection, health and security
at work, in accordance with the law.cralaw:red
[3] Citizens shall have the
right freely to choose and exercise an occupation, apart from
requirements
established by law.
ARTICLE 47[1] The State shall
promote
the measures needed to ensure the right of citizens to medical and
health
care, as well as child, maternity, disability and old-age care, and
care
in any situation causing incapacity to work.
[2] Private and cooperative
enterprise in health, social welfare and social security shall be
exercised
in accordance with the law.
ARTICLE 48Disabled combatants of the
national
liberation struggle, the minor children of citizens who died in the war
and those physically or mentally handicapped as a result of war shall
have
special protection, to be established by law.ARTICLE 49[1] The State shall
promote
access to education, culture and sports for all citizens, guaranteeing
participation by various private agents in the provision thereof, in
accordance
with the law.
[2] Private and cooperative
enterprise in education shall be practiced in accordance with the law.
ARTICLE 50The State shall create the
requisite
political, economic and cultural conditions to enable citizens
effectively
to enjoy their rights and fully perform their duties.ARTICLE 51The State shall protect
Angolan
citizens abroad or resident abroad, who shall enjoy the rights and be
subject
to duties that are not incompatible with their absence from the
country,
without prejudice to the effects of unjustified absence provided for by
law.ARTICLE 52[1] The exercise of the
rights,
freedoms and guarantees of citizens may be restricted or suspended only
in accordance with the law if such Constitute a threat to public order,
community interests, individual rights, freedoms and guarantees, or in
the event of the declaration, a state of siege or emergency, and such
restrictions
shall always be limited to necessary and adequate measures to maintain
public order, in the interest of the community and the restoration of
constitutional
normality.
[2] On no account shall the
declaration of a state of siege or state of emergency affect the right
to life, personal integrity, personal identity, civil capacity,
citizenship,
the non-retroactive nature of penal law, the right of the accused to
defense
or freedom of conscience and religion.cralaw:red
[3] A state of siege and
state of emergency shall be regulated by a specific law.
PART IIIState BodiesCHAPTER IPrinciplesARTICLE 53[1] The President of the
Republic,
the National Assembly, the Government and the Courts shall be sovereign
bodies.
[2] The formation, composition,
powers and functioning of the sovereign bodies shall be set out in the
present Law.
ARTICLE 54State bodies shall be
organized
and function in keeping with the following principles:
(a) Members of
representative
bodies shall be elected in accordance with the appropriate Electoral
Law;
(b) State bodies
shall be
subject to the law, which they shall obey;
(c) The functions of
sovereign
bodies shall be separate and interdependent;
(d) There shall be
local
autonomy;
(e) There shall be
administrative
decentralization and devolution, without prejudice to governmental and
administrative unity of action;
(f) Holders of
political
posts shall be civilly and criminally answerable for actions and
omissions
committed in the discharge of their duties;
(g) Decisions of
collegial
bodies shall be taken in keeping with the principles of free discussion
and criticism and acceptance of the will of the majority.
ARTICLE 55The territory of the
Republic
of Angola shall, for political and administrative purposes, be divided
into Provinces, Municipalities, Communes and Neighborhoods or Villages.CHAPTER IIOffice of the
President
of the RepublicSECTION IPresident of the
RepublicARTICLE 56[1] The President of the
Republic
shall be the Head of State, symbolize national unity, represent the
nation
domestically and internationally, ensure compliance with the
Constitutional
Law, and shall be Commander-in-Chief of the Angolan Armed Forces.
[2] The President of the
Republic shall define the country's political policy, ensure the proper
functioning of State bodies and guarantee national independence and the
country's territorial integrity.
ARTICLE 57[1] The President of the
Republic
shall be elected by universal, direct, equal, secret and periodic
suffrage
by citizens resident in the national territory, in accordance with the
law.
[2] The President of the
Republic shall be elected by an absolute majority of valid votes. If no
candidate obtains one, there shall be a second vote in which only the
two
candidates who obtained the greatest number of votes in the first and
who
have not withdrawn may compete.
ARTICLE 58Natural-born Angolan
citizens
of over 35 years of age and enjoying full civil and political rights
shall
be eligible to the post of President of the Republic.ARTICLE 59The President of the
Republic
shall serve a five-year term of office which shall end on the swearing
in of the new elected President. The President of the Republic may be
re-elected
for two consecutive or discontinuous terms of office.ARTICLE 60[1] Candidacies to the
post
of President of the Republic shall be presented by legally constituted
political parties or coalitions of political parties or by at least
five
thousand and no more than ten thousand voters.
[2] Candidacies shall be
presented to the President of the Supreme Court no less than sixty days
prior to the scheduled election date.cralaw:red
[3] In the event of the definitive
incapacity of any presidential candidate, a new candidate may be
nominated
to substitute the incapacitated candidate, in accordance with the law.
ARTICLE 61[1] The election of the
President
of the Republic shall take place within thirty days of the expiration
of
the term of office of the incumbent President.
[2] In the event the post
of President of the Republic falling vacant, the election of the new
President
of the Republic shall take place within ninety days of the date of the
vacancy.
ARTICLE 62[1] The President of the
Republic
shall be sworn in before the Supreme Court, on the last day of the term
of office of the outgoing President.
[2] In the event of an election
owing to a vacancy, the swearing in shall take place within fifteen
days
of the publication of the election results.cralaw:red
[3] At the swearing in ceremony
the elected President of the Republic shall take the following oath:
"I swear on my honor
to perform with full dedication the duties with which I have been
invested,
to fulfill and ensure fulfillment of the Constitution of the Republic
of
Angola, to defend the unity of the nation, the integrity of the
national
soil, to promote and consolidate peace, democracy and social progress."
ARTICLE 63[1] The President of the
Republic
may renounce the term of office in a message addressed to the National
Assembly and on informing the Supreme Court.
[2] Renunciation shall take
effect when the National Assembly is acquainted with the message,
without
prejudice to its subsequent publication in the Diario da Republica.
ARTICLE 64[1] In the event of a
temporary
disability or vacancy, the post of President of the Republic shall be
filled
in the interim by the President of the National Assembly or, if unable
to do so, by the deputy thereof.
[2] The President of the
National Assembly's office as a member of parliament, and that of the
deputy
thereof, shall be automatically suspended for the duration of the
interim
powers of President of the Republic.
ARTICLE 65[1] The President of the
Republic
shall not be responsible for acts carried out during the discharge of
his
duties, except in the case of bribery or treason.
[2] Proceedings shall be
initiated by the National Assembly, on the proposal of one-fifth and a
decision approved by a two-thirds majority of Members present, and the
trial shall be conducted by the Supreme Court.cralaw:red
[3] Sentencing shall imply
dismissal from the post and impossibility of standing as a candidate
for
another term of office.cralaw:red
[4] The President of the
Republic shall be answerable to the ordinary courts after the end of
his
term of office for offenses unrelated to the discharge of his duties.
ARTICLE 66The President of the
Republic
shall have the following powers:
(a) To appoint the Prime
Minister, after hearing the political parties represented in the
National
Assembly;
(b) To appoint and
dismiss
the other members of the Government and the Governor of the National
Bank
of Angola, on the proposal of the Prime Minister;
(c) To end the term
of office
of the Prime Minister and dismiss the Government, after consultation
with
the Council of the Republic;
(d) To preside over
the Council
of Ministers;
(e) To decree the
dissolution
of the National Assembly after consultation with the Prime Minister,
the
President of the National Assembly and the Council of the Republic;
(f) To preside over
the Council
of the Republic;
(g) To appoint and
dismiss
ambassadors and receive the credentials of foreign diplomatic
representatives;
(h) To appoint
Supreme Court
judges after hearing the High Council of the Judicial Bench;
(i) To appoint and
dismiss
the Attorney General, the Deputy Attorney General and the Assistants to
the Attorney General. on the proposal of the High Council of the
Ministry
of Justice Bench;
(j) To appoint
members of
the High Council of the Judicial Bench, in accordance with Article 132
of the Constitutional Law;
(k) To call elections
of
the President of the Republic and Members of the National Assembly, in
accordance with the present Law and the Electoral Law;
(l) To preside over
the National
Defense Council;
(m) To appoint and
dismiss
the Chief of General Staff of the Angolan Armed Forces and the deputies
thereof, where applicable, and the Chiefs of Staff of the different
branches
of the Armed Forces;
(n) To appoint
generals of
the Angolan Armed Forces, after hearing the National Defense Council;
(o) To call
referendums,
in accordance with Article 73 of the present Law;
(p) To declare war
and make
peace, after hearing the Government and following authorization by the
National Assembly;
(q) To issue pardons
and
commute sentences;
(r) To declare a
state of
siege or state of emergency, in accordance with the law;
(s) To sign and
promulgate
laws approved by the National Assembly and executive laws approved by
the
Government;
(t) To address
messages to
the National Assembly and convene it in special session;
(u) To make statement
on
serious emergencies in national life and, in this event, to the
measures
provided for in the following article of the present Law;
(v) To award
decorations,
in accordance with the law;
(w) To ratify
international
treaties, when duly approved, and sign the instruments of approval of
other
treaties in simplified form;
(x) To request of the
Constitutional
Court prior assessment or declaration of the unconstitutional nature of
judicial rules and verify whether they are unconstitutional by omission.
ARTICLE 67[1] The President of the
Republic,
after consultation with the Prime Minister and the President of the
National
Assembly, shall take appropriate measures whenever the institutions of
the Republic, the independence of the nation, territorial integrity or
the fulfillment of international commitments are seriously and
immediately
threatened and the regular activity of constitutional public office
interrupted.
[2] The President of the
Republic shall inform the nation of all these factors through a message.cralaw:red
[3] For the duration of the
special powers, the Constitution shall not be amended and the National
Assembly shall not be dissolved.
ARTICLE 68[1] In presiding over the
Council
of Ministers, the President of the Republic shall:
[2] The President of the Republic
may expressly delegate the Prime Minister to preside over the Council
of
Ministers.
ARTICLE 69[1] The President of the
Republic
shall promulgate laws thirty days after receiving them in the National
Assembly.
[2] Within this period, the
President of the Republic may request the National Assembly to consider
the law or any of its provisions.cralaw:red
[3] If after reconsideration
a two-thirds majority of the Members of the National Assembly are in
favor
of approving the law, the President of Republic shall promulgate the
law
within fifteen days of receiving it.
ARTICLE 70After they have been
signed
by the Prime Minister, the President of the Republic shall sign
Government
decrees thirty days after receiving them and shall inform the
Government
of the reasons for refusing to sign them.
ARTICLE 71The laws referred to in
Article
66 (s) not promulgated by the President of the Republic, and Government
decrees not signed by the President of the Republic, shall be null and
void.
ARTICLE 72The interim President of
the
Republic shall not dissolve the National Assembly or call referendums.
ARTICLE 73[1] The President of the
Republic
may, on the proposal of the Government or the National Assembly, submit
to a referendum draft laws or the ratification of international
treaties
which, without being contrary to the Constitution, affect the
organization
of public department and the functioning of institutions.
[2] The holding of constitutional
referendums shall be prohibited.cralaw:red
[3] The President of the
Republic shall promulgate draft laws and ratify international treaties
approved by referendum within fifteen days.
ARTICLE 74In the exercise of his
powers,
the President of the Republic shall issue presidential decrees and
dispatches
that shall be published in the Díario da República.
SECTION IICouncil of the
RepublicARTICLE 75[1] The Council of the
Republic
shall be the political consultative body of the President of the
Republic,
and shall:
(a) State its views on
the
dissolution of the National Assembly;
(b) State its views
on the
resignation of the Government;
(c) State its views
on the
declaration of war and making of peace;
(d) State its views
on acts
of the interim President of the Republic in respect of the appointment
of the Prime Minister, the resignation of the Government, the
appointment
and dismissal of the Attorney General, the Chief of General Staff of
the
Angolan Armed Forces and the deputies thereof, and the Chiefs of Staff
of the different branches of the Armed Forces;
(e) Advise the
President
of the Republic in the exercise of his powers when so requested by the
President of the Republic;
(f) Approve the
regulations
of Council of the Republic.
[2] In exercising its powers,
the Council of the Republic shall issue reports that shall be made
public
at the appropriate ceremony.
ARTICLE 76The Council of the
Republic
shall be presided over by the President of the Republic and shall be
composed
of the following members:
(a) The President of the
National Assembly;
(b) The Prime
Minister;
(c) The President of
the
Constitutional Court;
(d) The Attorney
General;
(e) Former President
of the
Republic;
(f) The Presidents of
Political
Parties represented in the National Assembly;
(g) Ten citizens
appointed
by the President of the Republic.
ARTICLE 77[1] The members of the
Council
of the Republic shall be sworn in by the President of the Republic.
[2] The members of the Council
of the Republic shall enjoy the privileges and immunities of Members of
the National Assembly.
CHAPTER IIIThe National
AssemblyARTICLE 78[1] The National Assembly
shall
be the representative assembly of all Angolans and express the
sovereign
will of the Angolan people.
[2] The National Assembly
shall be regulated by the provisions of the present Law and by
Regulations
approved by itself.
ARTICLE 79[1] The National Assembly
shall
be composed of two hundred and twenty-three Members elected by
universal,
equal, direct, secret and periodic suffrage for a four-year term of
office.
[2] Members of the National
Assembly shall be elected through the system of proportional
representation,
based on the following criteria:
(a) Each province shall
by right be represented in the National Assembly by five Members, and
each
province shall for this purpose Constitute an electoral college;
(b) The remaining one
hundred
and thirty Members shall be elected at national level, and the country
shall for this purpose be considered a single electoral college;
(c) For Angolan
communities
abroad, there shall be constituted a single electoral college of three
Members, two in the Africa region and one in the rest of the world.
ARTICLE 80Candidates shall be
presented
by political parties individually or in coalition, and the list may
include
citizens who are not members of the parties concerned, in accordance
with
the Electoral Law.
ARTICLE 81The term of office of a
Member
shall start at the first session of the National Assembly after the
elections
and end with the first session after subsequent elections, without
prejudice
to suspension or individual ending of term of office.
ARTICLE 82[1] The term of office a
Member
shall be incompatible with:
(a) A ministerial post;
(b) Paid employment
by foreign
companies or international organizations;
(c) Being president
and member
of the administrative board of a limited company, a shareholding
manager
of a company, director general or deputy director general of a public
enterprise;
[2] The following may not be
Members:
[3] Citizens who have acquired
Angolan nationality may be candidates seven years after the acquisition
of nationality.
ARTICLE 83Members of the National
Assembly
shall have the right, in accordance with the Constitutional Law and the
Regulations of the National Assembly, to question the Government or any
of the members thereof, and to obtain from all public bodies and
enterprises
the cooperation needed to discharge their duties.
ARTICLE 84[1] No Member of the
National
Assembly shall be detained or arrested without authorization by the
National
Assembly or the Standing Commission thereof, unless caught in flagrante
delicto committing a felony punishable by imprisonment.
[2] Members shall not be
held responsible for views they express in the discharge of their
duties.
ARTICLE 85A Member may lose his or
her
seat for any of the following reasons:
(a) The incapacitates or
incompatibilities provided for by law;
(b) Not taking his or
her
seat in the National Assembly or exceeding the number of absences
stipulated
in the Regulations;
(c) Joining a party
other
than the one from whose list or she was elected.
ARTICLE 86A Member may renounce his
or
her seat through a written statement with notarized signature
personally
handed to the President of the National Assembly.
ARTICLE 87[1] The temporary
substitution
of a Member shall be accepted under the following circumstances:
[2] In the event of the temporary
substitution of a Member, the vacancy shall be filled in accordance
with
order of precedence by the following candidate on the list to which the
office holder of the vacancy belonged and who is not unable to assume
the
seat.
[3] In the event of a vacancy
caused by a Member elected by a coalition, the seat shall be given to
the
next unelected candidate proposed by the political party to which the
substituted
Member belonged.cralaw:red
[4] If the list to which
the holder of the vacant seat belonged has no unelected candidates, the
seat shall not be filled.
ARTICLE 88The National Assembly
shall:
(a) Amend the current
Constitutional
Law and approve the Constitution of the Republic of Angola;
(b) Approve laws on
all matters,
except those reserved by the Constitutional Law for the Government;
(c) Confer
legislative authorizations
on the Government;
(d) Approve, on the
proposal
of the Government, the National Plan and the General State Budget;
(e) Approve, on the
proposal
of the Government, the reports on the execution of the National Plan
and
the General State Budget;
(f) Authorize the
Government
to contract and grant loans and perform other credit operations not
involving
a floating debt, setting out the general terms thereof and establishing
the maximum limits of suretyships to be granted annually by the
Government;
(g) Establish and
alter the
political and administrative division of the country;
(h) Grant amnesties
and general
pardons;
(i) Authorize the
President
of the Republic to declare a state of siege or state of emergency,
setting
our the extension, suspension of constitutional guarantees and monitor
the implementation thereof;
(j) Authorize the
President
of the Republic to declare war and make peace;
(k) Approve
international
treaties on matters within its absolute legislative powers, as well as
treaties on peace, Angola's participation in international
organizations,
the rectification of borders, friendship, defense, military matters and
any others submitted to it by the Government;
(l) Ratify decrees;
(m) Promote
proceedings against
the President of the Republic for the crimes of bribery or treason;
(n) Vote motions of
confidence
or no confidence in the Government;
(o) Draft and approve
the
Regulations of the National Assembly;
(p) Elect the
President and
Vice-Presidents of the National Assembly and other members of the
Standing
Commission by an absolute majority of Members present;
(q) Constitute the
Working
Commissions of the National Assembly in accordance with the
representativity
of parties in the Assembly;
(r) Perform other
duties
assigned to it by the Constitution and the law.
ARTICLE 89The National Assembly
shall
have full and sole legislative powers on the following matters:
(a) Acquisition, loss
and
re-acquisition of nationality;
(b) Rights, freedoms
and
basic guarantees of citizens;
(c) Elections and the
status
of office holders in sovereign bodies, local government and other
constitutional
bodies;
(d) Ways and means of
organizing
and running local government bodies;
(e) System of
referendum;
(f) Organization,
functioning
and proceedings of the Constitutional Court;
(g) Organization of
national
defense and general basis of organization, functioning and discipline
of
the Angolan Armed Forces;
(h) System of state
of siege
and state of emergency;
(i) Associations and
political
parties;
(j) Judicial
organization
and status of judicial and Ministry of Justice judges;
(k) Monetary system
and system
of weights and measures;
(1) Definition of
limits
of territorial waters, exclusive economic area and Angola's rights to
contiguous
sea beds;
(m) Definition of
sectors
reserved for the State in respect of the economy, and the basis for
granting
concessions for the exploitation of natural resources and alienation d
State property;
(n) Definition and
system
of national symbols;
ARTICLE 90The National Assembly
shall
have relative sole legislative powers on the following matters except
where
authorization is granted to the Government:
(a) Status and capacity
of individuals;
(b) General
organization
of the public administration;
(c) Status of
functionaries
and civil responsibility in the public administration;
(d) General system of
requisition
and expropriation in the public interest;
(e) Ways and means of
intervention
and nationalization of means of production and establishment of
criteria
for setting compensation, as well as re-privatization of title or
exploration
rights of State property, in accordance with the basic legislation
referred
to in (m) of the foregoing article;
(f) Definition of the
taxation
system and creation of taxes;
(g) General basis of
the
education system, national health service and social security;
(h) Basis of the
system of
protecting nature, ecological balance and the cultural heritage;
(i) General system of
rural
and urban leasing;
(j) System of land
ownership
and establishment of criteria for fixing the maximum limits of private
agricultural units;
(k) Participation of
traditional
authorities and citizens in local government;
(1) Status of public
enterprises;
(m) Definition of the
system
of public property;
(n) Definition of
crimes,
penalties and security measures, and of criminal proceedings.
ARTICLE 91[1] The National Assembly
shall,
in respect of laws of legislative authorization, define the scope,
sense,
extension and duration of the authorization.
[2] The authorization referred
to in the foregoing paragraph shall be forfeited on the signal of the
Government
that granted it, the end of the legislature or the dissolution of the
National
Assembly.
ARTICLE 92[1] The National Assembly
shall,
in the exercise of its powers, issue laws for the constitutional
amendment
of the Constitution of the Republic of Angola, organic laws, laws,
motions
and resolutions.
[2] Acts provided for in
Article 88 (a) shall take the form of a law on constitutional amendment
or amendment of the Constitution of the Republic of Angola.cralaw:red
[3] Acts provided for in
Article 89 (c), (d), (e), (f), 4. (g), (h) and (i) shall take the form
of organic laws.cralaw:red
[4] Other acts provided for
in Articles 89 and 90 and those provided for in Article 88 (d), (f) (g)
and (h) shall take the form of laws.cralaw:red
[5] Acts provided for in
Article 88 (n) shall take the form of motions.cralaw:red
[6] Other acts of the National
Assembly, namely those provided for in Article 88 (c), (e), (i), (j),
(k)
(1), (m), (o) (p) and (q) and acts of the Standing Commission, shall
take
the form of resolutions.
ARTICLE 93[1] Members, parliamentary
groups
and the Government shall have the right to propose legislation.
[2] Members and parliamentary
groups shall not in the course of the economic year present draft laws
that involve an increase in the expenditure or decrease in the State
revenue
established in the Budget.cralaw:red
[3] Draft laws that are definitively
rejected shall not be assessed in the same legislative session unless
there
is a new election of the National Assembly.cralaw:red
[4] Draft laws presented
by the Government shall be forfeited on its resignation.
ARTICLE 94[1] The National Assembly
shall
consider executive laws approved by the Council of Ministers for
purposes
of amendment or refusal to ratify, except those falling within the
Government's
sole competence, at the request of ten Members at the ten first plenary
meetings of the National Assembly following its publication.
[2] Following the consideration
request and in the event that amendment proposals are made, the
Assembly
may wholly or partly suspend the executive law until the publication of
the law that amends or even rejects all those proposals.cralaw:red
[3] When ratification is
refused, the executive law shall cease to be in force on the day when
the
resolution is published in the Díario da República
and shall not be re-published in the course of that legislative session.cralaw:red
[4] Executive laws that are
not subject to a request for consideration by the National Assembly
within
the period and in accordance with the proceedings set out in this
article
shall be deemed to have been ratified.
ARTICLE 95[1] The National Assembly
may
not be dissolved within the six months subsequent to its election, in
the
last quarter of the term of office of the President of the Republic,
during
the term of office of the interim President of the Republic or during a
state of siege or state of emergency.
[2] Failure to observe provisions
of the foregoing paragraph shall render the dissolution decree legally
null and void.cralaw:red
[3] When the National Assembly
is dissolved, the term of office of Members and the functions of the
Standing
Commission shall continue until the first meeting of the Assembly
following
subsequent elections.
ARTICLE 96[1] The legislature shall
comprise
four legislative sessions.
[2] Each legislative session
shall last one year and shall start on 15 October.cralaw:red
[3] The normal period in
which the National Assembly shall function shall be eight months and
shall
start on 15 October, without prejudice to intervals provided for in the
Regulations of the National Assembly and suspensions determined by a
two-thirds
majority of Members present.cralaw:red
[4] The National Assembly
shall meet in ordinary session when convened by its President.cralaw:red
[5] The National Assembly
may meet in special session whenever necessary on the decision of a
plenary
meeting or on the initiative of the Standing Commission or of more than
half of its Members.cralaw:red
[6] The National Assembly
may meet in special session outside its normal session on the decision
of a plenary meeting, on the initiative of the Standing Commission or
more
than half of its Members or when convened by the President of the
Republic
ARTICLE 97[1] The National Assembly
shall
function with a simple majority of Members present.
[2] Decisions of the National
Assembly shall be taken by a simple majority of Members present, except
where the present law sets out other rules of decision.
ARTICLE 98[1] The agenda of plenary
meetings
of the National Assembly shall be drafted by its President, without
prejudice
to the right of appeal of the Assembly plenary meeting.
[2] The Internal Regulations
of the National Assembly shall set out the priority of items to be put
on the day's agenda.cralaw:red
[3] Messages from the President
of the Republic to the National Assembly shall have absolute priority
over
all other matters.cralaw:red
[4] The Government may request
priority for matters the urgent solution of which is in the national
interest.
ARTICLE 99[1] Ministers and
Secretaries
of State shall be entitled to attend plenary meetings of the National
Assembly,
and may be assisted or substituted by Deputy Ministers and take the
floor
in accordance with the Regulations of the National Assembly.
[2] The Prime Minister and
members of the Government shall appear before the Assembly plenum at
meetings
the regularity of which shall be set out in the Regulations of the
National
Assembly to reply to Members' questions and requests for clarification,
made verbally or in writing.cralaw:red
[3] The Prime Minister and
members of the Government shall attend a plenary meeting of the
National
Assembly whenever there is a debate on motions of censure or no
confidence
in the Government and approval of the National Plan and General State
Budget
and the reports on the execution thereof.cralaw:red
[4] The working commissions
of the National Assembly may request the participation of members of
the
Government in their proceedings.
ARTICLE 100[1] The National Assembly
shall
constitute working commissions, in accordance with the Regulations, and
may set up ad hoc commissions.
[2] The composition of the
commissions shall reflect the representation of parties in the National
Assembly and their presidency shall be shared by the parliamentary
groups
in proportion to the number of their Members.cralaw:red
[3] The commissions shall
examine petitions addressed to the National Assembly and may request
the
testimony of any citizen.
ARTICLE 101[1] Members of the
National
Assembly may constitute parliamentary commissions of inquiry to examine
acts of the Government and administration.
[2] A commission of inquiry
shall be requested by any Member and, on a mandatory basis, comprise
one-fifth
of Members present, and shall be limited to one per Member per
legislative
session.cralaw:red
[3] Parliamentary commissions
of inquiry shall have the investigating powers of judicial bodies.
ARTICLE 102[1] The National Assembly
shall,
outside the period when it is effectively functioning, during the
provided
when it is dissolved and in other cases provided for in the
Constitutional
Law, be substituted by a Standing Commission.
[2] The Standing Commission
shall be composed as follows:
(a) The President of the
National Assembly, who shall preside over it, appointed by the party or
coalition of parties that obtains a majority in the elections;
(b) Two
vice-presidents appointed
by political parties or coalitions of parties in proportion to the
number
of seats they have in the National Assembly;
(c) Twelve Members
appointed
by parties and coalitions of parties in proportion to the number of
seats
they have in the National Assembly.
[3] The Standing Commission
shall:
(a) Accompany the work
of
the Government and administration;
(b) Convene the
National
Assembly in special session;
(c) Discharge the
Assembly's
duties in respect of the office of Members;
(d) Authorize the
President
of the Republic to declare a state of siege or state of emergency;
(e) Exceptionally
authorize
the President of the Republic to declare war and make peace, when the
National
Assembly is not in normal session and in the event of the pressing
urgency
to convene a special meeting;
(f) Prepare the
opening of
the legislative session.
ARTICLE 103[1] Members elected by
each
party or coalition of parties may form parliamentary groups.
[2] Without prejudice to
the right of Members provided for in the present Law, parliamentary
groups
shall be entitled to do the following:
(a) Participate in the
Assembly's
working commissions in accordance with their respective members,
nominating
their representatives thereto;
(b) State their views
on
the establishment of the agenda;
(c) Propose through a
formal
demand to the Government for explanations, the opening of two debates
in
each legislative session on matters of general or sectorial policy;
(d) Request the
Standing
Commission to move the convening of the Assembly;
(e) Propose
legislation;
(f) Table motions of
censure
of the Government;
(g) Be informed by
the Government.
regularly and directly, of progress in respect of the principal matters
of public interest;
(h) Request the
constitution
of parliamentary commissions of inquiry.
[3] The right provided for in
(b), (f), (g) and (h) shall be exercised through the President of the
parliamentary
group.
[4] Each parliamentary group
shall have the right to office space in the seat of the National
Assembly,
as well as expert and administrative staff of its choice, in accordance
with the law.
ARTICLE 104The National Assembly and
the
Commissions thereof shall be assisted by a permanent body of
technicians,
administrative staff and specialists requisitioned or temporarily
contracted,
in accordance with the law.
CHAPTER IVThe GovernmentARTICLE 105[1] The Government shall
conduct
the country's general policy and shall be the highest public
administrative
body.
[2] The Government shall
be politically responsible to the President of the Republic and the
National
Assembly, in accordance with the present Law.
ARTICLE 106[1] The composition of the
Government
shall be established by an executive law.
[2] The numbers and designations
of Ministers, Secretaries of State and Deputy Ministers shall be
determined
by the decrees nominating the respective office holders.cralaw:red
[3] The powers of Ministries
and State Secretariats shall be determined by an executive law.
ARTICLE 107[1] The offices of Prime
Minister,
Minister, Secretary of State and Deputy Minister shall be incompatible
with the office of Member of the National Assembly.
[2] The incompatibilities
set out in Article 82 (b) and (c) shall apply to the offices set out in
the foregoing paragraph.
ARTICLE 108[1] The Council of
Ministers
shall be presided over by the President of the Republic and shall
comprise
the Prime Minister, Ministers and Secretaries of State.
[2] The Council of Ministers
shall meet at intervals established by law.cralaw:red
[3] Deputy Ministers may
be summoned to attend meetings of the Council of Ministers.cralaw:red
[4] The Council of Ministers
may constitute specialized commissions to prepare papers on specific
makers
to be considered by the Council of Ministers.
ARTICLE 109The duties of the Prime
Minister
shall start with the swearing in thereof and cease with the swearing in
of the new Prime Minister. The duties of other members of the
Government
shall start with the swearing in thereof and cease when they are
dismissed
or the Prime Minister is dismissed. In the event of the resignation of
the Government, the Prime Minister of the outgoing Government shall be
dismissed on the date of the appointment and swearing in of the new
Prime
Minister.
ARTICLE 110In the discharge of the
political
duties, the Government shall:
(a) Attest to acts of
the
President of the Republic, in accordance with the provisions of Article
70;
(b) Set out the
general lines
of Government policy and the implementation thereof;
(c) Negotiate and
conclude
international treaties and approve treaties that do not fall within the
sole competence of the National Assembly or have not been submitted
thereto;
(d) Present draft
laws on
the National Assembly;
(e) Deliberate on
motions
of confidence presented to parliament;
(f) State its views
on the
declaration of a state of siege or state of emergency;
(g) Propose to the
President
of the Republic the declaration of war or the making of peace;
(h) Perform other
duties
assigned to it by the Constitution or the law.
ARTICLE 111[1] In the discharge of
its
legislative duties, the Government shall:
(a) Establish by an
executive
law the composition, organization and functioning of the Government;
(b) Draft and pass
executive
laws on legislative matters related to the National Assembly, in
accordance
with the appropriate legislative authorization;
[2] The Government shall have
full legislative power on matters related to its own composition,
organization
and functioning.
[3] The executive laws provided
for in (b) shall specifically cite the legal document conferring
legislative
authorization.
ARTICLE 112In the discharge of its
administration
duties, the Government shall:
(a) Draft and promote
implementation
of the country's economic and social development plan;
(b) Draft, approve
and direct
the execution of the State Budget;
(c) Approve acts of
the Government
involving increased or decreased public revenue or expenditure;
(d) Draft regulations
needed
for the proper application of laws;
(e) Direct the
services and
activity of the State administration, superintend indirect
administration
and oversee autonomous local administration and other autonomous
institutions:
(f) Carry out action
and
take all necessary measures to promote economic and social development
and satisfy collective needs.
ARTICLE 113The Government, meeting in
the
Council of Ministers, shall discharge its duties through executive
laws,
decrees and resolutions on general and sectorial policies and measures
within the framework of Government activity.
ARTICLE 114[1] The Prime Minister
shall
in general direct, conduct and coordinate the general activity of the
Government.
[2] The Prime Minister shall,
in particular:
(a) Coordinate and guide
the activity of all Ministries and State Secretariats;
(b) Represent the
Government
in the National Assembly and domestically and abroad;
(c) Direct the
functioning
of the Government and its general relations with other State bodies:
(d) Substitute the
President
of the Republic in presiding over the Council of Ministers, in
accordance
with Article 68 (2);
(e) Sign executive
laws of
the Council of Ministers and send them for promulgation by the
President
of the Republic;
(f) Sign executive
laws of
the Council of Ministers and send them for subsequent signature by the
President of the Republic;
(g) Sign resolutions
of the
Council of Ministers;
(h) Discharge other
duties
assigned to him by the Constitution and the law.
[3] In the discharge of their
duties, the Prime Minister, Ministers and Secretaries of State shall
issue
executive decrees and dispatches that shall be published in the Díario
da República.
ARTICLE 115[1] The Government shall
draft
its program which shall include the major political, economic and
social
guidelines and measures to be taken or proposed in the various spheres
of Government activity.
[2] Members of the Government
shall be bound by the Government program and other decisions taken in
the
Council of Ministries.
ARTICLE 116[1] The Government shall
start
its duties immediately after being sworn in.
[2] The Government may be
subject to votes of censure by the National Assembly on the
implementation
of its program or other fundamental issues of Government policy, on the
proposal of a parliamentary group or one quarter of Members present.cralaw:red
[3] A vote of censure of
the Government shall be passed by an absolute majority of members
present.cralaw:red
[4] If the vote of censure
is not passed, its signatories shall not table another during the same
legislative session.cralaw:red
[5] The Government may ask
the National Assembly for a vote of confidence that shall be passed by
a majority of Members present.
ARTICLE 117[1] The Prime Minister
shall
be responsible to the President of the Republic, whom he shall
regularly
and directly inform of matters related to the conduct of the country's
policy.
[2] The Prime Minister shall
represent the Government in the National Assembly and shall ensure the
Government's political responsibility to the National Assembly.
ARTICLE 118The following shall cause
the
resignation of the Government:
(a) The end of the
legislature;
(b) The election of a
new
President of the Republic;
(c) The resignation
of the
Prime Minister;
(d) The acceptance by
the
President of the Republic of the Prime Minister's resignation;
(e) The death or
lasting
disability of the Prime Minister;
(f) A vote of censure
against
the Government;
(g) Failure to pass a
vote
of confidence in the Government.
ARTICLE 119The Prime Minister,
Ministers,
Secretaries of State and Deputy Ministers may be arrested only if
charged
for an offense punishable by imprisonment and following suspension of
the
office thereof by the President of the Republic.
CHAPTER VJusticeSECTION IThe CourtsARTICLE 120[1] Courts shall be
sovereign
bodies with powers to administer justice on behalf of the people.
[2] The Supreme Court and
other courts instituted by law shall discharge jurisdictional duties.cralaw:red
[3] In the discharge of their
jurisdictional duties, the courts shall be independent and subject only
to the law, and they shall be entitled to the assistance of other
authorities.
ARTICLE 121[1] The courts shall
guarantee
and ensure compliance with the Constitutional Law, laws and other legal
provisions in force, protection of the rights and legitimate interest
of
citizens and institutions, and shall decide on the legality of
administrative
acts.
[2] It shall be mandatory
for all citizens and other legal entities to comply with decisions of
the
courts and these shall prevail over those of other authorities.
ARTICLE 122Courts shall as a rule be
collegiate
and shall include professional judges and citizen assistants who shall
have the same rights and duties in respect of the trial concerned.
ARTICLE 123It shall be the duty of
all
public and private entities to cooperate with the courts in the
discharge
of their duties.
ARTICLE 124Court hearings shall be
public,
unless the court itself deems otherwise in a well-founded ruling, for
reasons
of the dignity of individuals or public morality, or to ensure the
functioning
thereof.
ARTICLE 125[1] Apart from the
Constitutional
Court, courts shall be structured, in accordance with the law, as
follows:
[2] The organization and functioning
of military justice shall be set out in an appropriate law.
[3] Military, administrative,
auditing, fiscal, maritime and arbitration courts may be constituted in
accordance with the law.
ARTICLE 126Without prejudice to the
provisions
of the foregoing article, the constitution of courts with sole powers
to
try determined offenses shall be prohibited.
ARTICLE 127In the discharge of their
duties,
judges shall be independent and shall owe obedience only to the law.
ARTICLE 128Judges shall not be
removable
from office and shall not be transferred, promoted, suspended, retired
or dismissed except in accordance with the law.
ARTICLE 129Judges shall be
responsible
for decisions they make in the discharge of their duties, except for
restrictions
imposed by law.
ARTICLE 130[1] The Presiding Judge of
the
Supreme Court, Vice President of the Supreme Court and other judges of
the Supreme Court and Constitutional Court may be arrested only if
charged
for an offense punishable by a prison sentence.
[2] Trial court judges may
not be arrested without being charged unless caught in flagrante
delicto
committing a felony punishable by imprisonment.
ARTICLE 131Judges shall not discharge
any
public or private duties other than teaching or scientific research.
SECTION IIHigh Council of
the
Judicial BenchARTICLE 132[1] The High Council of
the
Judicial Bench shall be the highest body managing and disciplining the
judicial bench, and shall, in general:
(a) Consider the
professional
ability of and take disciplinary action in respect of judges:
(b) Propose the
appointment
of judges to the Supreme Court in accordance with the present Law;
(c) Order
investigations,
inspections and inquires into the legal services and propose the
measures
needed to ensure the efficiency and improvement thereof;
(d) Appoint, place,
transfer
and promote judges, without prejudice to the provisions of the present
Law.
[2] The High Council of the
Judicial Bench shall be presided over by the President of the Supreme
Court
and shall be composed of the following:
(a) Three lawyers
nominated
by the President of the Republic, at least one of whom shall be a
judicial
judge;
(b) Five lawyers
nominated
by the National Assembly;
(c) Ten judges
elected by
judicial judges from among their own numbers,
[3] Members of the High Council
of the Judicial Bench shall enjoy the same immunities as Supreme Court
judges.
ARTICLE 133The manner of judges
joining
the bench shall be established by law.
SECTION IIIConstitutional
CourtARTICLE 134The Constitutional Court
shall
in general administer justice on legal and constitutional matters, and
shall:
(a) Prevent
unconstitutionality,
in accordance with the provisions of Article 154;
(b) Consider whether
laws,
executive laws, ratified international treaties and any rules are
unconstitutional,
in accordance with the provisions of Article 155;
(c) Verify and
consider non-compliance
with the Constitutional Law owing to failure to take the requisite
measures
to make constitutional rules executable;
(d) Consider appeals
in respect
of the constitutional nature of all decisions of other courts that
refuse
to apply any rule on the grounds that it is unconstitutional;
(e) Consider appeals
in respect
of the constitutional nature of all decisions of other courts that
apply
a rule the constitutional nature of which has been evoked during the
trial.
ARTICLE 135[1] The Constitutional
Court
shall be composed of seven judges, nominated from among lawyers and
judges
as follows:
(a) Three judges
nominated
by the President of the Republic, including the President of the Court;
(b) Three judges
elected
by the National Assembly by a two-thirds majority of Members present;
(c) One judge elected
by
a full session of the Supreme Court.
[2] Judges of the Constitutional
Court shall be appointed for a non-renewable seven-year term and shall
be guaranteed the same independence, irremovability from office,
impartiality
and nonliabilily as judges of other Courts.
(3) Other rules related
to the powers, organization and functioning of the Constitutional Court
shall be established by an appropriate law.
SECTION IVThe Attorney
General's
OfficeARTICLE 136[1] The Attorney General's
Office
shall be represented in the courts by the Ministry of Justice Bench, in
accordance with the respective Statutes.
[2] The Attorney General's
Office shall defend Democratic legality and, especially, represent the
State in taking penal action and defending the interests assigned to it
by law.
ARTICLE 137[1] The Attorney General's
Office
shall be presided over by the Attorney General and shall comprise the
High
Council of the Ministry of Justice Bench, which shall be composed of
members
elected by the National Assembly and members elected by Ministry of
Justice
judges from among their own numbers, in a manner to be set out by law.
[2] The Attorney General's
Office shall have its own statutes, enjoy autonomy in accordance with
the
law and be governed by the statutes of judicial and Ministry of Justice
judges.cralaw:red
[3] The organization, structure
and functioning of the Attorney General's Office and the manner of
joining
the Ministry of Justice Bench shall be established in an appropriate
law.
ARTICLE 138Ministry of Justice judges
shall
be responsible to the law and shall follow hierarchical authority.
ARTICLE 139[1] The Attorney General,
Deputy
Attorney General and assistants of the Attorney General may be arrested
only when charged for an offense punishable by imprisonment.
[2] Ministry of Justice trial
court judges and the equivalent may not be arrested without being
charged
unless caught in flagrant delicto to committing a felony
punishable
by imprisonment.
ARTICLE 140Ministry of Justice judges
shall
not be transferred, suspended, promoted. dismissed or subject to any
other
change of position except in accordance with the appropriate statute.
ARTICLE 141The office of Ministry of
Justice
judge shall be incompatible with the discharge of public or private
duties,
except for teaching, scientific research or bench associations.
CHAPTER VIJudicial ProctorateARTICLE 142[1] The Judicial
Proctorate
shall be an independent public body the purpose of which shall be to
defend
the rights, freedoms and guarantees of citizens ensuring by informal
means
the justice and legality of the public administration.
[2] Citizens may present
the Judicial Proctorate with complaints concerning acts or omissions by
the public authorizes that it shall consider with no power of decision,
submitting to the appropriate bodies its recommendations to prevent and
remedy injustices.cralaw:red
[3] The activity of the Judicial
Proctorate shall be independent of the means to rule on appeals or
disputes
provided for in the Constitutional Law and the law.cralaw:red
[4] The other duties and
statutes of the Judicial Protorate shall be established by law.
ARTICLE 143[1] The Judicial
Proctorate
shall be nominated by the National Assembly on the decision of two-
thirds
of Members present and shall be sworn in by the President of the
National
Assembly.
[2] The Judicial Proctorate
shall be appointed for a four-year term of office and may be
re-appointed
for another four-year term.
ARTICLE 144It shall be the duty of
public
administration bodies and agents to cooperate with the Judicial
Proctorate
in the discharge of its duties.
CHAPTER VIILocal GovernmentARTICLE 145State organization at
local
level shall comprise local government agencies and local administrative
bodies.
ARTICLE 146[1] Local government
agencies
shall be territorial corporate bodies for the purpose of pursuing the
interests
of the population, and shall for this purpose have elected
representative
bodies and freedom to administer their communities.
[2] The constitution, organization,
powers, functioning and regulamentary powers of local government
agencies
shall be specified by an appropriate law.
ARTICLE 147[1] Local administrative
bodies
shall be local administrative units decentralized from central
Government
for the purpose of achieving the specific attributes of the State
administration
at local level, guide economic and social development and ensure the
provision
of communal services in the respective geographical area.
[2] The type of local administrative
bodies, organization, powers and functioning shall be established by an
appropriate law.
ARTICLE 148[1] The Provincial
Governor
shall be the Government representative in the respective province,
shall
in general direct the governance of the province, shall ensure the
normal
functioning of local administrative bodies, and shall be answerable to
the Government and the President of the Republic.
[2] The Provincial Governor
shall be appointed by the President of the Republic after hearing the
Prime
Minister.
PART IVNational DefenseARTICLE 149[1] The State shall ensure
national
defense.
]2] The objectives of national
defense shall be to guarantee national independence, territorial
integrity
and the freedom and security of the population against any aggression
or
external threat, within the framework of the instituted constitutional
order and international law.
ARTICLE 150[1] The National Defense
Council
shall be presided over by the President of the Republic and shall be
composed
as follows:
(a) Prime Minister;
(b) Minister of
Defense;
(c) Minister of the
Interior;
(d) Minister of
External
Relations;
(e) Minister of
Finance;
(f) Chief of General
Staff
of the Angolan Armed Forces.
[2] The President of the Republic
may summon other entities, by virtue of their expertise, to attend
meetings
of the National Defense Council.
[3] The National Defense
Council shall be the consultative body for matters related to national
defense and the organization, functioning and discipline of the Armed
Forces,
and shall have the administrative powers conferred on it by law.
ARTICLE 151[1] The Angolan Armed
Forces,
under the supreme authority of their Commander in Chief, shall owe
obedience
to the appropriate sovereign bodies, in accordance with the present Law
and other statutory legislation, and shall defend the nation militarily.
[2] The Angolan Armed Forces,
as a State institution shall be permanent, regular and nonpartisan.cralaw:red
[3] The Angolan Armed Forces
shall be solely composed of national citizens and the general rules of
organization and preparation thereof shall be established by law.
ARTICLE 152[1] The defense of the
country
shall be the right and the highest indeclinable duty of every citizen.
[2] Military service shall
be compulsory. The manner in which it is fulfilled shall be established
by law.cralaw:red
[3] Citizens shall not lose
permanent employment or other social benefits by virtue of doing
national
service.
PART VGuarantee and
Amendment
of the Constitutional LawCHAPTER IMonitoring of
UnconstitutionalityARTICLE 153[1] Rules in breach of the
Constitutional
Law or the principles set out therein shall be unconstitutional.
[2] The Constitutional Court
shall declare the unconstitutional nature of acts of commission or
omission.
ARTICLE 154[1] The President of the
Republic
and one-fifth of the Members of the National Assembly may request of
the
Constitutional Court prior consideration of the constitutional nature
of
any rule subject to promulgation, signature or ratification by the
President
of the Republic, namely, statutory legal acts, executive laws, decrees
or international treaties.
[2] Rules in inspects of
which prior consideration has been requested of the Constitutional
Court
shall not be promulgated, signed or until the Constitutional Court has
given its ruling.cralaw:red
[3] Where rules referred
to in the foregoing paragraph are declared to be unconstitutional, the
rule shall be vetoed by the President of the Republic and returned to
the
body that approved it for removal of the part deemed unconstitutional.
ARTICLE 155[1] The President of the
Republic,
one-fifth of the Members of the National Assembly present, the Prime
Minister
and the Attorney General may request of the Constitutional Court prior
consideration of any rules.
[2] The declaration of the
unconstitutional nature of rules referred to in the foregoing paragraph
shall take effect with the entry into force of the rule declared
unconstitutional
and shall entail redrafting of the rules it may have revoked.cralaw:red
[3] In the event of unconstitutional
through a breach of the foregoing constitutional rule, the declaration
shall take effect only on the entry into force thereof.cralaw:red
[4] Exceptions shall be tried
cases, unless the Constitutional Court decides otherwise, where the
rule
complies with penal, disciplinary or mere infringement of company
regulations
charge, and where the content is unfavorable to the accused.
ARTICLE 156[1] The President of the
Republic,
one-fifth of Members present and the Attorney General may request the
Constitutional
Court to declare unconstitutionality by omission.
[2] If unconstitutionality
by omission is verified, the Constitutional Court shall inform the
appropriate
legislative body accordingly, so that the omission may be remedied.
ARTICLE 157The Constitutional Court
shall
state its views on the constitutionality of rules submitted to it for
consideration
within no more than forty-five days.
CHAPTER IIAmendment of the
ConstitutionARTICLE 158[1] The National Assembly
may
review the Constitutional Law and approve the Constitution of the
Republic
of Angola on the decision of two-thirds of Members present.
[2] No less than ten Members
or the President of the Republic may propose amendment of the
Constitution.cralaw:red
[3] The Constitutional Law
may be amended at any time.cralaw:red
[4] The National Assembly
shall determine the manner of proposing the drafting of the
Constitution
of the Republic of Angola.cralaw:red
[5] The President of the
Republic shall not refuse to promulgate the Law Amending the
Constitution
of the Republic of Angola adopted in accordance with the first
paragraph
of the present article.
ARTICLE 159Amendments to and approval
of
the Constitution of Angola shall comply with the following:
(a) Independence,
territorial
integrity and national unity;
(b) The fundamental
rights
and freedoms and guarantees of citizens;
(c) A State based on
the
rule of law and party political pluralism;
(d) Universal,
direct, secret
and periodic suffrage for the appointment of the elected office holders
of sovereign bodies and local government;
(e) The secular
nature of
the State and the principle of separation between the State and
churches;
(f) The separation
and interdependence
of the courts.
ARTICLE 160During a state of siege or
state
of emergency, no amendment of the Constitution shall be made.
PART VISymbols of the
Republic
of AngolaARTICLE 161The symbols of the
Republic
of Angola shall be the Flag, the Insignia and the National Anthem.
ARTICLE 162The National Flag shall
consist
of two colors in horizontal bands. The upper band shall be bright red
and
the lower one black and they shall represent:
Bright red - The blood
shed
by Angolans during colonial oppression, the national liberation
struggle
and the defense of the country.
Black - The African
continent.
In the center, there
shall
be a composition formed by a segment of a cog wheel, symbolizing the
workers
and industrial production, a machete, symbolizing the peasants,
agricultural
production and the armed struggle, and a star, symbolizing
international
solidarity and progress. The cog wheel, the machete and the star shall
be yellow, symbolizing the country's wealth.
ARTICLE 163The insignia of the
Republic
of Angola shall be formed by a segment of a cog wheel and sheaves of
maize,
coffee and cotton, representing respectively the workers and industrial
production, the peasants and agricultural production. At the foot of
the
design, an open book shall represent education and culture, and the
rising
sun shall represent the new country. In the center shall be a machete
and
a hoe symbolizing work and the start of the armed struggle. At the top
shall be a star symbolizing international solidarity and progress. In
the
lower part of the emblem shall be a golden band with the inscription
'Republic
of Angola'.
ARTICLE 164The National Anthem shall
be
"ANGOLA AVANTE" (Forward Angola).
PART VIIFinal and
Transitional
ProvisionsARTICLE 165The laws and regulations
in
force in the Republic of Angola shall be applicable unless amended or
repealed,
provided they do not conflict with the letter and spirit of the present
Law.
ARTICLE 166All treaties, agreements
and
alliances to which Portugal committed Angola and which are contrary to
the interests of the Angolan people, shall be reviewed.