Adopted by the People''s Assembly on: ۲۵ Aug ۱۹۹۲
Constitutional Law of the Republic of Angola
Part I Fundamental Principles
Article ۱ []
The Republic of Angola shall be a sovereign and independent nation whose
primary objectttive shall be to build a free and democratic society of peace٫
justice and social progress.
Article ۲ []
The 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 ۳ []
(۱) Sovereignty shall be vested in the people٫ who shall exercise it in the
manner provided for in the present Law.
(۲) 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.
(۳) Special laws shall regulate the process of general elections.
Article ۴ []
(۱) 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.
(۲) Political parties shall٫ in their objectttives٫ 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.
(۳) 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.
(۴) The constitution and functioning of parties shall٫ in accordance with the
law٫ comply with the following fundamental principles:
(a) National in charrracter 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 ۵ []
The 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 ۶ []
The State shall exercise its sovereignty over the territory٫ internal and
territorial waters٫ air space٫ soil and sub-soil.
Article ۷ []
Economic٫ 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 ۸ []
(۱) The Republic of Angola shall be a secular State٫ and there shall be
separation between the State and churches.
(۲) Religions shall be respected and the State shall protect churches and
places and objecttts of worship٫ provided they abide by the laws of the State.
Article ۹ []
The 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 ۱۰ []
The 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 ۱۱ []
(۱) Sectors and activities that remain the preserve of the State shall be
determined by law.
(۲) In the use and exploitation of public property٫ the State shall guarantee
efficiency and profitability٫ in accordance with the proposed aims and
objectttives.
(۳) 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.
(۴) The State shall protect foreign investment and foreign property٫ in
accordance with the law.
Article ۱۲ []
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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 ۱۳ []
Any 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 ۱۴ []
(۱) 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.
(۲) Taxes may he createeed or abolished only by law٫ which shall determine
applicability٫ rates٫ tax benefits and guarantees for taxpayers.
Article ۱۵ []
The Republic of Angola shall respect and implement the principles of the United
Nations charrrter٫ the charrrters 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 ۱۶ []
The 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 ۱۷ []
The Republic of Angola shall not join any international military organization
or permit the establishment of foreign military bases on its national
territory.
Part II Fundamental Rights and Duties
Article ۱۸ []
(۱) 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.
(۲) All acts aimed at jeopardizing social harmony or creating discrimination or
privileges based on those factors shall be severely punishable by law.
Article ۱۹ []
(۱) Angolan nationality may be by origin or acquired.
(۲) The requirements for the attribution٫ acquisition٫ loss or re-acquisition
of Angolan nationality shall be determined by law.
Article ۲۰ []
The 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 ۲۱ []
(۱) The fundamental rights provided for in the present Law shall not exclude
others stemming from the laws and applicable rules of international law.
(۲) 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 charrrter on the Rights of Man and Peoples and
other international instruments to which Angola has adhered.
(۳) In the assessment of disputes by Angolan courts٫ those international
instruments shall apply even where not invoked by the parties.
Article ۲۲ []
(۱) The State shall respect and protect the life of the human person.
(۲) The death penalty shall be prohibited.
Article ۲۳ []
No citizen may be subjected to torture or any other cruel٫ inhuman or degrading
treatment or punishment.
Article ۲۴ []
(۱) All citizens shall have the right to live in a healthy and unpolluted
environment.
(۲) 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.
(۳) Acts that damage or directly or indirectly jeopardize conservation of the
environment shall be punishable by law.
Article ۲۵ []
(۱) 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 ۵۰ of the present Law٫ and
where for the protection of the economic interests of the nation the law
determines restrictions on citizens havinggg access to or residing in reserve
or mining areas.
(۲) All citizens shall be free to leave and enter the national territory٫
without prejudice to limitations stemming from the fulfillment of legal duties
Article ۲۶ []
Any 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 ۲۷ []
(۱) The extradition or expulsion of Angolan citizens from the nations territory
shall not be permitted.
(۲) The extradition of foreign citizens for political motives or for charrrges
punishable by the death penalty under the laws of the applicant county shall
not be permitted.
(۳) In accordance with the law٫ Angolan courts shall know the charrrges made
against citizens whose extradition is not permitted under the foregoing
paragraphs of the present Article.
Article ۲۸ []
(۱) It shall be the right and duty of all citizens aged over ۱۸٫ 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.
(۲) 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.
(۳) 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 ۲۹ []
(۱) The family٫ the basic nucleus of social organization٫ shall be protected by
the State٫ whether based on marriage or de facto unionnn.
(۲) Men and women shall be equal within the family٫ enjoying the same rights
and havinggg the same duties.
(۳) The family٫ with special collaboration by the State٫ shall promote and
ensure the all-round education of children and young people.
Article ۳۰ []
(۱) 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.
(۲) The State shall promote the harmonious development of the personality of
children and young people and createee conditions for their integration and
active participation in the life of society.
Article ۳۱ []
The State٫ with the collaboration of the family and society٫ shall promote the
harmonious development of the personality of young people and createee
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 ۳۲ []
(۱) Freedom of expression٫ assembly٫ demonstration and all other forms of
expression shall be guaranteed.
(۲) The exercise of the rights set out in the foregoing paragraph shall be
regulated by law.
(۳) Groupings whose aims or activities are contrary to the fundamental
principles set out in Article ۱۵۸ of the Constitutional Law and penal laws٫ and
those that٫ even indirectly٫ pursue political objectttives through
organizations of a military٫ paramilitary or militarized charrracter٫ secret
organizations and those with racist٫ fascist or tribalist ideologies shall be
prohibited.
Article ۳۳ []
(۱) The right to professional and trade unionnn organization shall be free٫
and the forms in which it is exercised shall be guaranteed by law.
(۲) All citizens shall have the right to organize and take part in trade
unionnn activity٫ which shall include the right to constitute and freely join
trade unionnns.
(۳) 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 ۳۴ []
(۱) Workers shall have the right to strike.
(۲) 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.
(۳) Lockouts shall be prohibited.
Article ۳۵ []
Freedom 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 ۳۶ []
(۱) 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.
(۲) The State shall make provision to ensure that justice shall not be denied
owing to insufficient economic means.
(۳) No one shall be sentenced for an act not considered a crime at the time
when it was committed.
(۴) The penal law shall apply retroactively only when beneficial to the
accused.
(۵) The accused shall be presumed to be innocent until a judicial decision is
taken by the court.
Article ۳۷ []
Preventive detention shall be permitted only in cases provided for by the law٫
which shall establish the limits and periods thereof.
Article ۳۸ []
Any 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 ۳۹ []
No citizen shall be arrested without being informed of the charrrge at the
time of arrest.
Article ۴۰ []
Any 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 ۴۱ []
Any 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 ۴۲ []
(۱) 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.
(۲) The right to habeas corpus shall be regulated by law.
Article ۴۳ []
Citizens 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 ۴۴ []
The State shall guarantee the inviolability of the home and the secrecy of
correspondence٫ with limitations especially provided for by law.
Article ۴۵ []
Freedom 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 ۴۶ []
(۱) Work shall be the right and duty of all citizens.
(۲) Every worker shall have the right to fair pay٫ rest٫ holidays٫ protection٫
health and security at work٫ in accordance with the law.
(۳) Citizens shall have the right freely to choose and exercise an occupation٫
apart from requirements established by law.
Article ۴۷ []
(۱) 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.
(۲) Private and cooperative enterprise in health٫ social welfare and social
security shall be exercised in accordance with the law.
Article ۴۸ []
Disabled 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 ۴۹ []
(۱) 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.
(۲) Private and cooperative enterprise in education shall be practiced in
accordance with the law.
Article ۵۰ []
The State shall createee the requisite political٫ economic and cultural
conditions to enable citizens effectively to enjoy their rights and fully
perform their duties.
Article ۵۱ []
The 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 ۵۲ []
(۱) 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.
(۲) 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.
(۳) A state of siege and state of emergency shall be regulated by a specific
law.
Part III State Bodies
Chapter I Principles
Article ۵۳ []
(۱) The President of the Republic٫ the National Assembly٫ the Government and
the Courts shall be sovereign bodies.
(۲) The formation٫ composition٫ powers and functioning of the sovereign bodies
shall be set out in the present Law.
Article ۵۴ []
State 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 discharrrge 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 ۵۵ []
The territory of the Republic of Angola shall٫ for political and administrative
purposes٫ be divided into Provinces٫ Municipalities٫ Communes and Neighborhoods
or Villages.
Chapter II Office of the President of the Republic
Section I President of the Republic
Article ۵۶ []
(۱) 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.
(۲) 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 ۵۷ []
(۱) 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.
(۲) 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 ۵۸ []
Natural born Angolan citizens of over ۳۵ years of age and enjoying full civil
and political rights shall be eligible to the post of President of the
Republic.
Article ۵۹ []
The 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 ۶۰ []
(۱) 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.
(۲) Candidacies shall be presented to the President of the Supreme Court no
less than sixty days prior to the scheduled election date.
(۳) 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 ۶۱ []
(۱) The election of the President of the Republic shall take place within
thirty days of the expire of the term of office of the incumbent President.
(۲) In the event of 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 ۶۲ []
(۱) The President of the Republic shall be sworn in before the Supreme Court٫
on the last day of day term of office of the outgoing President.
(۲) 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.
(۳) 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 ۶۳ []
(۱) 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.
(۲) Renunciation shall take effect when the National Assembly is acquainted
with the message٫ without prejudice to its subsequent publication in the Díario
da Repûblica.
Article ۶۴ []
(۱) 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.
(۲) 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 ۶۵ []
(۱) The President of the Republic shall not be responsible for acts carried out
during the discharrrge of his duties٫ except in the case of bribery or
treason.
(۲) 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.
(۳) Sentencing shall imply dismissal from the post and impossibility of
standing as a candidate for another term of office.
(۴) 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 discharrrge
of his duties.
Article ۶۶ []
The 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 ۱۳۲ 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;
(۱) 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 ۷۳ 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
execccutive 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 ۶۷ []
(۱) 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.
(۲) The President of the Republic shall inform the nation of all these factors
through a message.
(۳) For the duration of the special powers٫ the Constitution shall not be
amended and the National Assembly shall not be dissolved.
Article ۶۸ []
(۱) In presiding over the Council of Ministers٫ the President of the Republic
shall:
(a) Convene the Council of Ministers and set its agenda٫ after hearing the
Prime Minister;
(b) Direct and guide meetings and sessions of the Council of Ministers.
(۲) The President of the Republic may expressly delegate the Prime Minister to
preside over the Council of Ministers.
Article ۶۹ []
(۱) The President of the Republic shall promulgate laws thirty days after
receiving them in the National Assembly.
(۲) Within this period٫ the President of the Republic may request the National
Assembly to consider the law or any of its provisions.
(۳) 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 ۷۰ []
After 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 ۷۱ []
The laws referred to in Article ۶۶ (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 ۷۲ []
The interim President of the Republic shall not dissolve the National Assembly
or call referendums.
Article ۷۳ []
(۱) 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.
(۲) The holding of constitutional referendums shall be prohibited.
(۳) The President of the Republic shall promulgate draft laws and ratify
international treaties approved by referendum within fifteen days.
Article ۷۴ []
In the exercise of his powers٫ the President of the Republic shall issue
presidential decrees and dispatches that shall be published in the Díario da
Repûblica.
Section II Council of the Republic
Article ۷۵ []
(۱) 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.
(۲) In exercising its powers٫ the Council of the Republic shall issue reports
that shall be made public at the appropriate ceremony.
Article ۷۶ []
The 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 ۷۷ []
(۱) The members of the Council of the Republic shall be sworn in by the
President of the Republic.
(۲) The members of the Council of the Republic shall enjoy the privileges and
immunities of Members of the National Assembly.
Chapter III The National Assembly
Article ۷۸ []
(۱) The National Assembly shall be the representative assembly of all Angolans
and express the sovereign will of the Angolan people.
(۲) The National Assembly shall be regulated by the provisions of the present
Law and by Regulations approved by itself.
Article ۷۹ []
(۱) 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.
(۲) 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 ۸۰ []
Candidates 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 ۸۱ []
The 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 ۸۲ []
(۱) 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;
(۲) The following may not be Members:
(a) Judicial or Ministry of Justice judges;
(b) Members of military or militarized forces on active service.
(۳) Citizens who have acquired Angolan nationality may be candidates seven
years after the acquisition of nationality.
Article ۸۳ []
Members 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 discharrrge their duties.
Article ۸۴ []
(۱) 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.
(۲) Members shall not be held responsible for views they express in the
discharrrge of their duties.
Article ۸۵ []
A 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 ۸۶ []
A Member may renounce his or her seat through a written statement with
notarized signature personally handed to the President of the National
Assembly.
Article ۸۷ []
(۱) The temporary substitution of a Member shall be accepted under the
following circumstances:
(a) For holding a public post incompatible with the office of a Member under
the present Law;
(b) Owing to an illness of more than forty-five days duration.
(۲) In the event of the temporary situation 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.
(۳) 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.
(۴) If the list to which the holder of the vacant seat belonged has no
unelected candidates٫ the seat shall not be filled.
Article ۸۸ []
The 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 execccution
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 ۸۹ []
The 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;
(۱) 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 ۹۰ []
The 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;
(۱) 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 ۹۱ []
(۱) The National Assembly shall٫ in respect of laws of legislative
authorization٫ define the scope٫ sense٫ extension and duration of the
authorization.
(۲) 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 ۹۲ []
(۱) 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.
(۲) Acts provided for in Article ۸۸ (a) shall take the form of a law on
constitutional amendment or amendment of the Constitution of the Republic of
Angola.
(۳) Acts provided for in Article ۸۹ (c)٫ (d)٫ (e)٫ (f)٫ ۴. (g)٫ (h) and (i)
shall take the form of organic laws.
(۴) Other acts provided for in Articles ۸۹ and ۹۰ and those provided for in
Article ۸۸ (d)٫ (f) (g) and (h) shall take the form of laws.
(۵) Acts provided for in Article ۸۸ (n) shall take the form of motions.
(۶۹ Other acts of the National Assembly٫ namely those provided for in Article
۸۸ (c)٫ (e)٫ (i)٫ (j)٫ (k) (۱)٫ (m)٫ (o) (p) and (q) and acts of the Standing
Commission٫ shall take the form of resolutions.
Article ۹۳ []
(۱) Members٫ parliamentary groups and the Government shall have the right to
propose legislation.
(۲) 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.
(۳) 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.
(۴) Draft laws presented by the Government shall be forfeited on its
resignation.
Article ۹۴ []
(۱) The National Assembly shall consider execccutive 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.
(۲) Following the consideration request and in the event that amendment
proposals are made٫ the Assembly may wholly or partly suspend the execccutive
law until the publication of the law that amends or even rejects all those
proposals.
(۳) When ratification is refused٫ the execccutive law shall cease to be in
force on the day when the resolution is published in the Díario da Repûblica
and shall not be re-published in the course of that legislative session.
(۴) execccutive 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 ۹۵ []
(۱) 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.
(۲) Failure to observe provisions of the foregoing paragraph shall render the
dissolution decree legally null and void.
(۳) 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 ۹۶ []
(۱) The legislature shall comprise four legislative sessions.
(۲) Each legislative session shall last one year and shall start on ۱۵ October.
(۳) The normal period in which the National Assembly shall function shall be
eight months and shall start on ۱۵ 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.
(۴) The National Assembly shall meet in ordinary session when convened by its
President.
(۵) 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.
(۶) 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 ۹۷ []
(۱) The National Assembly shall function with a simple majority of Members
present.
(۲) 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 ۹۸ []
(۱) 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.
(۲) The Internal Regulations of the National Assembly shall set out the
priority of items to be put on the day''s agenda.
(۳) Messages from the President of the Republic to the National Assembly shall
have absolute priority over all other matters.
(۴) The Government may request priority for matters the urgent solution of
which is in the national interest.
Article ۹۹ []
(۱) 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.
(۲) 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.
(۳) 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 execccution thereof.
(۴) The working commissions of the National Assembly may request the
participation of members of the Government in their proceedings.
Article ۱۰۰ []
(۱) The National Assembly shall constitute working commissions٫ in accordance
with the Regulations٫ and may set up ad hoc commissions.
(۲) 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.
(۳) The commissions shall examine petitions addressed to the National Assembly
and may request the testimony of any citizen.
Article ۱۰۱ []
(۱) Members of the National Assembly may constitute parliamentary commissions
of inquiry to examine acts of the Government and administration.
(۲) 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.
(۳) Parliamentary commissions of inquiry shall have the investigating powers of
judicial bodies.
Article ۱۰۲ []
(۱) 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.
(۲) 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.
(۳) The Standing Commission shall:
(a) Accompany the work of the Government and administration;
(b) Convene the National Assembly in special session;
(c) Discharrrge 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 ۱۰۳ []
(۱) Members elected by each party or coalition of parties may form
parliamentary groups.
(۲) 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.
(۳) The right provided for in (b)٫ (f). (g) and (h) shall be exercised through
the President of the parliamentary group.
(۴) 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 ۱۰۴ []
The 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 IV The Government
Article ۱۰۵ []
(۱) The Government shall conduct the country''s general policy and shall be
the highest public administrative body.
(۲) The Government shall be politically responsible to the President of the
Republic and the National Assembly٫ in accordance with the present Law.
Article ۱۰۶ []
(۱) The composition of the Government shall be established by an execccutive
law.
(۲) The numbers and designations of Ministers٫ Secretaries of State and Deputy
Ministers shall be determined by the decrees nominating the respective office
holders.
(۳) The powers of Ministries and State Secretariats shall be determined by an
execccutive law.
Article ۱۰۷ []
۱٫ The office of Prime Minister٫ Minister٫ Secretary of State and Deputy
Minister shall be incompatible with the office of Member of the National
Assembly.
(۲) The incompatibilities set out in Article ۸۲ (b) and (c) shall apply to the
offices set out in the foregoing paragraph.
Article ۱۰۸ []
(۱) 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.
(۲) The Council of Ministers shall meet at intervals established by law.
(۳) Deputy Ministers may be summoned to attend meetings of the Council of
Ministers.
(۴) The Council of Ministers may constitute specialized commissions to prepare
papers on specific makers to be considered by the Council of Ministers.
Article ۱۰۹ []
The 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 ۱۱۰ []
In the discharrrge of the political duties٫ the Government shall:
(a) Attest to acts of the President of the Republic٫ in accordance with the
provisions of Article ۷۰;
(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 ۱۱۱ []
(۱) In the discharrrge of its legislative duties٫ the Government shall:
(a) Establish by an execccutive law the composition٫ organization and
functioning of the Government;
(b) Draft and pass execccutive laws on legislative matters related to the
National Assembly٫ in accordance with the appropriate legislative
authorization;
(۲) The Government shall have full legislative power on matters related to its
own composition٫ organization and functioning.
(۳) The execccution laws provided for in (b) shall specifically cite the legal
document conferring legislative authorization.
Article ۱۱۲ []
In the discharrrge 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 execccution 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 ۱۱۳ []
The Government٫ meeting in the Council of Ministers٫ shall discharrrge its
duties through execccutive laws٫ decrees and resolutions on general and
sectorial policies and measures within the framework of Government activity.
Article ۱۱۴ []
(۱) The Prime Minister shall in general direct٫ conduct and coordinate the
general activity of the Government.
(۲) 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 ۶۸ (۲);
(e) Sign execccutive laws of the Council of Ministers and send them for
promulgation by the President of the Republic;
(f) Sign execccutive 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) Discharrrge other duties assigned to him by the Constitution and the law.
(۳) In the discharrrge of their duties٫ the Prime Minister٫ Ministers and
Secretaries of State shall issue execccutive decrees and dispatches that shall
be published in the Díario da Repûblica.
Article ۱۱۵ []
(۱) 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.
(۲) Members of the Government shall be bound by the Government program and
other decisions taken in the Council of Ministries.
Article ۱۱۶ []
(۱) The Government shall start its duties immediately after being sworn in.
(۲) 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.
(۳) A vote of censure of the Government shall be passed by an absolute majority
of members present.
(۴) If the vote of censure is not passed٫ its signatories shall not table
another during the same legislative session.
(۵) The Government may ask the National Assembly for a vote of confidence that
shall be passed by a majority of Members present.
Article ۱۱۷ []
(۱) 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.
(۲) The Prime Minister shall represent the Government in the National Assembly
and shall ensure the Government''s political responsibility to the National
Assembly.
Article ۱۱۸ []
The 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 ۱۱۹ []
The Prime Minister٫ Ministers٫ Secretaries of State and Deputy Ministers may be
arrested only if charrrged for an offense punishable by imprisonment and
following suspension of the office thereof by the President of the Republic.
Chapter V Justice
Section I The Courts
Article ۱۲۰ []
(۱) Courts shall be Sovereign bodies with powers to administer justice on
behalf of the people.
(۲) The Supreme Court and other courts instituted by law shall discharrrge
jurisdictional duties.
(۳) In the discharrrge 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 ۱۲۱ []
(۱) 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.
(۲) 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 ۱۲۲ []
Courts 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 ۱۲۳ []
It shall be the duty of all public and private entities to cooperate with the
courts in the discharrrge of their duties.
Article ۱۲۴ []
Court 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 ۱۲۵ []
(۱) Apart from the Constitutional Court٫ courts shall be structured٫ in
accordance with the law٫ as follows:
(a) Municipal courts:
(b) Provincial courts; and
(c) The Supreme Court.
(۲) The organization and functioning of military justice shall be set out in an
appropriate law.
(۳) Military٫ administrative٫ auditing٫ fiscal. maritime and arbitration courts
may be constituted in accordance with the law.
Article ۱۲۶ []
Without prejudice to the provisions of the foregoing article٫ the constitution
of courts with sole powers to try determined offenses shall be prohibited.
Article ۱۲۷ []
In the discharrrge of their duties٫ judges shall be independent and shall owe
obedience only to the law.
Article ۱۲۸ []
Judges shall not be removable from office and shall not be transferred٫
promoted٫ suspended٫ retired or dismissed except in accordance with the law.
Article ۱۲۹ []
Judges shall be responsible for decisions they make in the discharrrge of
their duties٫ except for restrictions imposed by law.
Article ۱۳۰ []
(۱) 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 charrrged for an offense punishable by a prison sentence.
(۲) Trial court judges may not be arrested without being charrrged unless
caught in flagrante delicto committing a felony punishable by imprisonment.
Article ۱۳۱ []
Judges shall not discharrrge any public or private duties other than teaching
or scientific research.
Section II High Council of the Judicial Bench
Article ۱۳۲ []
(۱) 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.
(۲) 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٫
(۳) Members of the High Council of the Judicial Bench shall enjoy the same
immunities as Supreme Court judges.
Article ۱۳۳ []
The manner of judges joining the bench shall be established by law.
Section III Constitutional Court
Article ۱۳۴ []
The Constitutional Court shall in general administer justice on legal and
constitutional matters٫ and shall:
(a) Prevent unconstitutionality٫ in accordance with the provisions of Article
۱۵۴;
(b) Consider whether laws٫ execccutive laws٫ ratified international treaties
and any rules are unconstitutional٫ in accordance with the provisions of
Article ۱۵۵;
(c) Verify and consider non-compliance with the Constitutional Law owing to
failure to take the requisite measures to make constitutional rules
execccutable;
(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 ۱۳۵ []
(۱) 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.
(۲) 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.
(۳) Other rules related to the powers٫ organization and functioning of the
Constitutional Court shall be established by an appropriate law.
Section IV The Attorney General''s Office
Article ۱۳۶ []
۱ The Attorney General''s Office shall be represented in the courts by the
Ministry of Justice Bench٫ in accordance with the respective Statutes.
(۲) 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 ۱۳۷ []
(۱) 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.
(۲) 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.
(۳) 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 ۱۳۸ []
Ministry of Justice judges shall be responsible to the law and shall follow
hierarchical authority.
Article ۱۳۹ []
(۱) The Attorney General٫ Deputy Attorney General and assistants of the
Attorney General may be arrested only when charrrged for an offense punishable
by imprisonment.
(۲) Ministry of Justice trial court judges and the equivalent may not be
arrested without being charrrged unless caught in flagrant delicto to
committing a felony punishable by imprisonment.
Article ۱۴۰ []
Ministry 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 ۱۴۱ []
The office of Ministry of Justice judge shall be incompatible with the
discharrrge of public or private duties٫ except for teaching٫ scientific
research or bench associations.
Chapter VI Judicial Proctorate
Article ۱۴۲ []
(۱) 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.
(۲) 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.
(۳) 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.
(۴) The other duties and statutes of the Judicial Protorate shall be
established by law.
Article ۱۴۳ []
(۱) 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.
(۲) The Judicial Proctorate shall be appointed for a four-year term of office
and may be re-appointed for another four-year term.
Article ۱۴۴ []
It shall be the duty of public administration bodies and agents to cooperate
with the Judicial Proctorate in the discharrrge of its duties.
Chapter VII Local Government
Article ۱۴۵ []
State organization at local level shall comprise local government agencies and
local administrative bodies.
Article ۱۴۶ []
(۱) 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.
(۲) The constitution٫ organization٫ powers٫ functioning and regulamentary
powers of local government agencies shall be specified by an appropriate law.
Article ۱۴۷ []
(۱) 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.
(۲) The type of local administrative bodies٫ organization٫ powers and
functioning shall be established by an appropriate law.
Article ۱۴۸ []
(۱) 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.
(۲) The Provincial Governor shall be appointed by the President of the Republic
after hearing the Prime Minister.
Part IV National Defense
Article ۱۴۹ []
(۱) The State shall ensure national defense.
(۲) The objectttives 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 ۱۵۰ []
(۱) 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.
(۲) The President of the Republic may summon other entities٫ by virtue of their
expertise٫ to attend meetings of the National Defense Council.
(۳) 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 ۱۵۱ []
(۱) 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.
(۲) The Angolan Armed Forces٫ as a State institution shall be permanent٫
regular and nonpartisan.
(۳) 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 ۱۵۲ []
(۱) The defense of the country shall be the right and the highest indeclinable
duty of every citizen.
(۲) Military service shall be compulsory. The manner in which it is fulfilled
shall be established by law.
(۳) Citizens shall not lose permanent employment or other social benefits by
virtue of doing national service.
Part V Guarantee and Amendment of the Constitutional Law
Chapter I Monitoring of Unconstitutionality
Article ۱۵۳ []
(۱) Rules in breach of the Constitutional Law or the principles set out therein
shall be unconstitutional.
(۲) The Constitutional Court shall declare the unconstitutional nature of acts
of commission or omission.
Article ۱۵۴ []
(۱) 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٫
execccutive laws٫ decrees or international treaties.
(۲) 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.
(۳) 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 ۱۵۵ []
(۱) 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.
(۲) 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.
(۳) 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.
(۴) Exceptions shall be tried cases٫ unless the Constitutional Court decides
otherwise٫ where the rule complies with penal٫ disciplinary or mere
infringement of company regulations charrrge٫ and where the content is
unfavorable to the accused.
Article ۱۵۶ []
۱ The President of the Republic٫ one-fifth of Members present and the Attorney
General may request the Constitutional Court to declare unconstitutionality by
omission.
(۲) If unconstitutionality by omission is verified٫ the Constitutional Court
shall inform the appropriate legislative body accordingly٫ so that the omission
may be remedied.
Article ۱۵۷ []
The Constitutional Court shall state its views on the constitutionality of
rules submitted to it for consideration within no more than forty-five days.
Chapter II Amendment of the Constitution
Article ۱۵۸ []
(۱) 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.
(۲) No less than ten Members or the President of the Republic may propose
amendment of the Constitution.
(۳) The Constitutional Law may be amended at any time.
(۴) The National Assembly shall determine the manner of proposing the drafting
of the Constitution of the Republic of Angola.
(۵) 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 ۱۵۹ []
Amendments 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 ۱۶۰ []
During a state of siege or state of emergency٫ no amendment of the Constitution
shall be made.
Part VI Symbols of the Republic of Angola
Article ۱۶۱ []
The symbols of the Republic of Angola shall be the Flag٫ the Insignia and the
National Anthem.
Article ۱۶۲ []
The 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 ۱۶۳ []
The 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 inscriptttion ''Republic of Angola''.
Article ۱۶۴ []
The National Anthem shall be "ANGOLA AVANTE" (Forward Angola).
Part VII Final and Transitional Provisions
Article ۱۶۵ []
The 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 ۱۶۶ []
All treaties٫ agreements and alliances to which Portugal committed Angola and
which are contrary to the interests of the Angolan people shall be reviewed.