ProfilAngola

1. Nama Resmi : República de Angola2. Ibu Kota Negara : Luanda3. Konstitusi : 11 November 1975;direvisi 7 Januari 1978, 11 Agustus 1980, 6 Maret

1991, and 26 Agustus 19924. Bahasa Resmi : Portugis5. Bentuk Negara : Kesatuan6. Sistem Pemerintahan : Presidensial7. Bentuk Pemerintahan : Republik8. Kepala Negara : Presiden9. Kepala Pemerintahan : Presiden10. Lembaga Legislatif : Unikameral, National Assembly atau Assembleia Nacional (anggotanya

dipilih untuk masa jabatan selama empat tahun)11. Lembaga Yudikatif : Supreme Court atau Tribunal da Relacao (hakim ditunjuk oleh presiden)dan

Constitutional Court

AngolaConstitution

Part IFundamental Principles

Article 1The Republic of Angola shall be a sovereign andindependent nation whose primary objective shallbe to build a free and democratic society of peace,justice and social progress.

Article 2The Republic of Angola shall be a democratic Statebased on the rule of law, national unity, the dignityof the individual, pluralism of expression andpolitical organization, respecting and guaranteeingthe basic rights and freedoms of persons, both asindividuals and as members of organized socialgroups.

Article 3(1) Sovereignty shall be vested in the people, who

shall exercise it in the manner provided for inthe present Law.

(2) The Angolan people shall exercise politicalpower through periodic universal suffrage tochoose their representatives, by means ofreferendums and other forms of democraticparticipation in national life.

(3) Special laws shall regulate the process ofgeneral elections.

Article 4(1) Political parties, within the framework of

the present law and statutory laws, shallcompete, on the basis of a project for societyand a political program, to organize andexpress the will of citizens, participating inpolitical life and the exercise of universalsuffrage 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 strengthenednational unity;

(b) The safeguarding of territorial integrity;(c) The defense of national sovereignty and

democracy;

(d) The protection of fundamental freedomsand the rights of the individual;

(e) The defense of the republican form andunitary and secular nature of the State.

(3) Political parties shall be entitled to equaltreatment by those exercising public power,as well as to equal treatment by the press, inaccordance with the law.

(4) The constitution and functioning of partiesshall, in accordance with the law, complywith 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 thecreation or use of military, paramilitaryor militarized organizations;

(f) Democratic organization andfunctioning;

(g) Prohibition to receive contributions ofmonetary or economic value from foreigngovernments or governmentalinstitutions.

Article 5The Republic of Angola shall be a unitary andindivisible State whose inviolable and inalienableterritory shall be that defined by the presentgeographical limits of Angola, and any attempt atseparatism or dismemberment of its territory shallbe vigorously combated.

Article 6The State shall exercise its sovereignty over theterritory, internal and territorial waters, air space,soil and sub-soil.

Article 7Economic, social and cultural solidarity betweenall regions of the Republic of Angola shall bepromoted and intensified, with a view to thecommon development of the Angolan nation as awhole.

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Article 8(1) The Republic of Angola shall be a secular

State, and there shall be separation betweenthe State and churches.

(2) Religions shall be respected and the Stateshall protect churches and places and objectsof worship, provided they abide by the lawsof the State.

Article 9The State shall guide the development of thenational economy, with a view to guaranteeingharmonious and balanced growth of all sectors andregions of the country, and rational and efficientuse of all productive capacity and nationalresources, as well as heightening the well-beingand quality of life of citizens.

Article 10The economic system shall be based on thecoexistence of diverse forms of property - public,private, mixed, cooperative and family - and allshall enjoy equal protection. The State shallencourage participation in the economic processof all agents and forms of property, creatingconditions for them to function efficiently in theinterests of national economic development andsatisfying 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 andprofitability, in accordance with the proposedaims and objectives.

(3) The State shall encourage the developmentof private, mixed, cooperative and familyenterprises, creating conditions for them tooperate, and shall give special support to smalland medium-scale economic activity, inaccordance with the law.

(4) The State shall protect foreign investmentand foreign property, in accordance with thelaw.

Article 12(1) All natural resources existing in the soil and

subsoil, in internal and territorial waters, onthe continental shelf and in the exclusive

economic area, shall be the property of theState, which shall determine under whatterms they are used, developed and exploited.

(2) The State shall promote the protection andconservation of natural resources guiding theexploitation and use thereof for the benefitof the community as a whole.

(3) Land, which is by origin the property of theState, may be transferred to individuals orcorporate bodies, with a view to rational andfull use thereof, in accordance with the law.

(4) The State shall respect and protect people’sproperty, whether individuals or corporatebodies, and the property and ownership ofland by peasants, without prejudice to thepossibility of expropriation in the publicinterest, in accordance with the law.

Article 13Any nationalization or confiscation carried outunder the appropriate law shall be considered validand irreversible for all legal purposes, withoutprejudice to the provisions of specific legislationon reprivatization.

Article 14(1) The fiscal system shall aim at meeting the

economic, social and administrative needs ofthe State and ensuring the fair distributionof income and wealth.

(2) Taxes may he created or abolished only bylaw, which shall determine applicability, rates,tax benefits and guarantees for taxpayers.

Article 15The Republic of Angola shall respect andimplement the principles of the United NationsCharter, the Charters of the Organization of AfricanUnity and the Movement of Non-AlignedCountries, and shall establish relations of friendshipand cooperation with all States, based on theprinciples of mutual respect for sovereignty andterritorial integrity, non-interference in the internalaffairs of each country and reciprocal advantages.

Article 16The Republic of Angola shall support and be insolidarity with the struggles of peoples for nationalliberation and shall establish relations of friendship

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and cooperation with all democratic forces in theworld.

Article 17The Republic of Angola shall not join anyinternational military organization or permit theestablishment of foreign military bases on itsnational territory.

Part IIFundamental Rights and Duties

Article 18(1) All citizens shall be equal under the law and

shall enjoy the same rights and be subject tothe same duties, without distinction as tocolor, race, ethnic group, sex, place of birth,religion, ideology, level of education oreconomic or social status.

(2) All acts aimed at jeopardizing social harmonyor creating discrimination or privileges basedon those factors shall be severely punishableby law.

Article 19(1) Angolan nationality may be by origin or

acquired.(2) The requirements for the attribution,

acquisition, loss or re-acquisition of Angolannationality shall be determined by law.

Article 20The State shall respect and protect the humanperson and human dignity. Every citizen shall beentitled to the free development of his or herpersonality, with due respect for the rights of othercitizens and the highest interests of the Angolannation. The life, freedom, personal integrity, goodname and reputation of every citizen shall beprotected by law.

Article 21(1) The fundamental rights provided for in the

present Law shall not exclude othersstemming from the laws and applicable rulesof international law.

(2) Constitutional and legal norms related tofundamental rights shall be interpreted andincorporated in keeping with The UniversalDeclaration of the Rights of Man, the AfricanCharter on the Rights of Man and Peoples

and other international instruments to whichAngola has adhered.

(3) In the assessment of disputes by Angolancourts, those international instruments shallapply 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 othercruel, inhuman or degrading treatment orpunishment.

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 speciesof flora and fauna throughout the nationalterritory and maintain ecological balance.

(3) Acts that damage or directly or indirectlyjeopardize conservation of the environmentshall be punishable by law.

Article 25(1) Any citizen may move freely and reside in

any part of the national territory, and shallnot be impeded from so doing for political orany other reasons, except in cases providedfor under Article 50 of the present Law, andwhere for the protection of the economicinterests of the nation the law determinesrestrictions on citizens having access to orresiding in reserve or mining areas.

(2) All citizens shall be free to leave and enterthe national territory, without prejudice tolimitations stemming from the fulfillment oflegal duties

Article 26Any foreign or expatriate citizen shall be guaranteedthe right to ask for asylum in the event ofpersecution for political reasons, in accordance withthe laws in force and international instruments.

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Article 27(1) The extradition or expulsion of Angolan

citizens from the nations territory shall notbe permitted.

(2) The extradition of foreign citizens forpolitical motives or for charges punishableby the death penalty under the laws of theapplicant county shall not be permitted.

(3) In accordance with the law, Angolan courtsshall know the charges made against citizenswhose extradition is not permitted under theforegoing 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 deprivedof political and civil rights, to take an activepart in public life, to vote and stand forelection to any State body, and to fulfill theiroffices with full dedication to the cause ofthe Angolan nation.

(2) No citizen shall suffer discrimination inrespect of employment, education,placement, professional career or socialbenefits to which he or she is entitled owingto political posts held or to the exercise ofpolitical rights.

(3) The law shall establish limitations in respectof the non-party affiliations of soldiers onactive service, judges and the police forces,as well as the electoral incapacity of soldierson 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 thefamily, enjoying the same rights and havingthe same duties.

(3) The family, with special collaboration by theState, shall promote and ensure the all-roundeducation of children and young people.

Article 30(1) Children shall be given absolute priority and

shall therefore enjoy special protection fromthe family, the State and society with a viewto their all-round development.

(2) The State shall promote the harmoniousdevelopment of the personality of childrenand young people and create conditions fortheir integration and active participation inthe life of society.

Article 31The State, with the collaboration of the familyand society, shall promote the harmoniousdevelopment of the personality of young peopleand create conditions for fulfillment of theeconomic, social and cultural rights of the youth,particularly in respect of education, vocationaltraining, culture, access to a first job, labor, socialsecurity, physical education, sport and use of leisuretime.

Article 32(1) Freedom of expression, assembly,

demonstration and all other forms ofexpression shall be guaranteed.

(2) The exercise of the rights set out in theforegoing paragraph shall be regulated by law.

(3) Groupings whose aims or activities arecontrary to the fundamental principles setout in Article 158 of the Constitutional Lawand penal laws, and those that, evenindirectly, pursue political objectives throughorganizations of a military, paramilitary ormilitarized character, secret organizations andthose with racist, fascist or tribalist ideologiesshall be prohibited.

Article 33(1) The right to professional and trade union

organization shall be free, and the forms inwhich it is exercised shall be guaranteed bylaw.

(2) All citizens shall have the right to organizeand take part in trade union activity, whichshall include the right to constitute and freelyjoin trade unions.

(3) Adequate protection for the electedrepresentatives of workers against any formof restriction, constraint or limitation on theperformance of their duties shall beestablished by law.

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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 inessential services and activities, in the pressingpublic interest.

(3) Lockouts shall be prohibited.

Article 35Freedom of the press shall be guaranteed and maynot be subject to any censorship, especially political,ideological or artistic. The manner of the exerciseof freedom of the press and adequate provisionsto prevent and punish any abuse thereof shall beregulated by law.

Article 36(1) No citizen may be arrested or put on trial

except in accordance with the law, and allaccused shall be guaranteed the right todefense and the right to legal aid and counsel.

(2) The State shall make provision to ensure thatjustice shall not be denied owing toinsufficient economic means.

(3) No one shall be sentenced for an act notconsidered a crime at the time when it wascommitted.

(4) The penal law shall apply retroactively onlywhen beneficial to the accused.

(5) The accused shall be presumed to be innocentuntil a judicial decision is taken by the court.

Article 37Preventive detention shall be permitted only incases provided for by the law, which shall establishthe limits and periods thereof.

Article 38Any citizen subject to preventive detention shallbe taken before a competent judge to legalize thedetention and be tried within the period providedfor by law or released.

Article 39No citizen shall be arrested without being informedof the charge at the time of arrest.

Article 40Any arrested citizen shall have the right to receivevisits from family members and friends, and to

correspond therewith, without prejudice to theconditions and restrictions provided for by law.

Article 41Any citizen sentenced shall have the right to appealto the competent court or to the Supreme Courtagainst the judicial decision taken in accordancewith the law.

Article 42(1) To prevent any abuse of power through

imprisonment or illegal detention, a writ ofhabeas corpus may be presented to thecompetent legal court by the personconcerned or any other citizen.

(2) The right to habeas corpus shall be regulatedby law.

Article 43Citizens shall have the right to contest and takelegal action against any acts that violate their rightsas set out in the present Constitutional Law andother legislation.

Article 44The State shall guarantee the inviolability of thehome and the secrecy of correspondence, withlimitations especially provided for by law.

Article 45Freedom of conscience and belief shall beinviolable. The Angolan State shall recognizefreedom of worship and guarantee its exercise,provided it does not conflict with public order andthe 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 securityat work, in accordance with the law.

(3) Citizens shall have the right freely to chooseand exercise an occupation, apart fromrequirements established by law.

Article 47(1) The State shall promote the measures needed

to ensure the right of citizens to medical andhealth care, as well as child, maternity,disability and old-age care, and care in anysituation causing incapacity to work.

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(2) Private and cooperative enterprise in health,social welfare and social security shall beexercised in accordance with the law.

Article 48Disabled combatants of the national liberationstruggle, the minor children of citizens who diedin the war and those physically or mentallyhandicapped as a result of war shall have specialprotection, 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 privateagents in the provision thereof, in accordancewith the law.

(2) Private and cooperative enterprise ineducation shall be practiced in accordancewith the law.

Article 50The State shall create the requisite political,economic and cultural conditions to enable citizenseffectively to enjoy their rights and fully performtheir duties.

Article 51The State shall protect Angolan citizens abroad orresident abroad, who shall enjoy the rights and besubject to duties that are not incompatible withtheir absence from the country, without prejudiceto the effects of unjustified absence provided forby law.

Article 52(1) The exercise of the rights, freedoms and

guarantees of citizens may be restricted orsuspended only in accordance with the lawif such Constitute a threat to public order,community interests, individual rights,freedoms and guarantees, or in the event ofthe declaration, a state of siege or emergency,and such restrictions shall always be limitedto necessary and adequate measures tomaintain public order, in the interest of thecommunity and the restoration ofconstitutional normality.

(2) On no account shall the declaration of a stateof siege or state of emergency affect the right

to life, personal integrity, personal identity,civil capacity, citizenship, the non-retroactivenature of penal law, the right of the accusedto defense or freedom of conscience andreligion.

(3) A state of siege and state of emergency shallbe regulated by a specific law.

Part IIIState Bodies

Chapter IPrinciples

Article 53(1) The President of the Republic, the National

Assembly, the Government and the Courtsshall be sovereign bodies.

(2) The formation, composition, powers andfunctioning of the sovereign bodies shall beset out in the present Law.

Article 54State bodies shall be organized and function inkeeping with the following principles:

(a) Members of representative bodies shallbe elected in accordance with theappropriate Electoral Law;

(b) State bodies shall be subject to the law,which they shall obey;

(c) The functions of sovereign bodies shallbe separate and interdependent;

(d) There shall be local autonomy;(e) There shall be administrative

decentralization and devolution, withoutprejudice to governmental andadministrative unity of action;

(f) Holders of political posts shall be civillyand criminally answerable for actions andomissions committed in the discharge oftheir duties;

(g) Decisions of collegial bodies shall betaken in keeping with the principles offree discussion and criticism andacceptance of the will of the majority.

Article 55The territory of the Republic of Angola shall, forpolitical and administrative purposes, be dividedinto Provinces, Municipalities, Communes andNeighborhoods or Villages.

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Chapter IIOffice of the President of the Republic

Section IPresident of the Republic

Article 56(1) The President of the Republic shall be the

Head of State, symbolize national unity,represent the nation domestically andinternationally, ensure compliance with theConstitutional Law, and shall beCommander-in-Chief of the Angolan ArmedForces.

(2) The President of the Republic shall definethe country’s political policy, ensure theproper functioning of State bodies andguarantee national independence and thecountry’s territorial integrity.

Article 57(1) The President of the Republic shall be

elected by universal, direct, equal, secret andperiodic suffrage by citizens resident in thenational territory, in accordance with the law.

(2) The President of the Republic shall beelected by an absolute majority of valid votes.If no candidate obtains one, there shall be asecond vote in which only the two candidateswho obtained the greatest number of votesin the first and who have not withdrawnmay compete.

Article 58Natural born Angolan citizens of over 35 years ofage and enjoying full civil and political rights shallbe 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 swearingin of the new elected President. The President ofthe Republic may be re-elected for two consecutiveor discontinuous terms of office.

Article 60(1) Candidacies to the post of President of the

Republic shall be presented by legallyconstituted political parties or coalitions ofpolitical parties or by at least five thousandand no more than ten thousand voters.

(2) Candidacies shall be presented to the Presidentof the Supreme Court no less than sixty daysprior to the scheduled election date.

(3) In the event of the definitive incapacity ofany presidential candidate, a new candidatemay be nominated to substitute theincapacitated candidate, in accordance withthe law.

Article 61(1) The election of the President of the Republic

shall take place within thirty days of theexpire of the term of office of the incumbentPresident.

(2) In the event of the post of President of theRepublic falling vacant, the election of thenew President of the Republic shall takeplace within ninety days of the date of thevacancy.

Article 62(1) The President of the Republic shall be sworn

in before the Supreme Court, on the last dayof day term of office of the outgoingPresident.

(2) In the event of an election owing to avacancy, the swearing in shall take placewithin fifteen days of the publication of theelection results.

(3) At the swearing in ceremony the electedPresident of the Republic shall take thefollowing oath:“I swear on my honor to perform with fulldedication the duties with which I have beeninvested, to fulfill and ensure fulfillment ofthe Constitution of the Republic of Angola,to defend the unity of the nation, theintegrity of the national soil, to promote andconsolidate peace, democracy and socialprogress.”

Article 63(1) The President of the Republic may renounce

the term of office in a message addressed tothe National Assembly and on informing theSupreme Court.

(2) Renunciation shall take effect when theNational Assembly is acquainted with themessage, without prejudice to its subsequentpublication in the Diario da Republica.

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Article 64(1) In the event of a temporary disability or

vacancy, the post of President of the Republicshall be filled in the interim by the Presidentof the National Assembly or, if unable to doso, by the deputy thereof.

(2) The President of the National Assembly’soffice as a member of parliament, and thatof the deputy thereof, shall be automaticallysuspended for the duration of the interimpowers of President of the Republic.

Article 65(1) The President of the Republic shall not be

responsible for acts carried out during thedischarge of his duties, except in the case ofbribery or treason.

(2) Proceedings shall be initiated by the NationalAssembly, on the proposal of one-fifth and adecision approved by a two-thirds majorityof Members present, and the trial shall beconducted by the Supreme Court.

(3) Sentencing shall imply dismissal from the postand impossibility of standing as a candidatefor another term of office.

(4) The President of the Republic shall beanswerable to the ordinary courts after theend of his term of office for offensesunrelated to the discharge of his duties.

Article 66The President of the Republic shall have thefollowing powers:

(a) To appoint the Prime Minister, afterhearing the political parties representedin the National Assembly;

(b) To appoint and dismiss the other membersof the Government and the Governorof the National Bank of Angola, on theproposal of the Prime Minister;

(c) To end the term of office of the PrimeMinister and dismiss the Government,after consultation with the Council ofthe Republic;

(d) To preside over the Council of Ministers;(e) To decree the dissolution of the National

Assembly after consultation with thePrime Minister, the President of theNational Assembly and the Council ofthe Republic;

(f) To preside over the Council of theRepublic;

(g) To appoint and dismiss ambassadors andreceive the credentials of foreigndiplomatic representatives;

(h) To appoint Supreme Court judges afterhearing the High Council of the JudicialBench;

(i) To appoint and dismiss the AttorneyGeneral, the Deputy Attorney Generaland the Assistants to the AttorneyGeneral. on the proposal of the HighCouncil of the Ministry of Justice Bench;

(j) To appoint members of the High Councilof the Judicial Bench, in accordance withArticle 132 of the Constitutional Law;

(k) To call elections of the President of theRepublic and Members of the NationalAssembly, in accordance with the presentLaw and the Electoral Law;

(1) To preside over the National DefenseCouncil;

(m) To appoint and dismiss the Chief ofGeneral Staff of the Angolan ArmedForces and the deputies thereof, whereapplicable, and the Chiefs of Staff ofthe different branches of the ArmedForces;

(n) To appoint generals of the AngolanArmed Forces, after hearing the NationalDefense Council;

(o) To call referendums, in accordance withArticle 73 of the present Law;

(p) To declare war and make peace, afterhearing the Government and followingauthorization 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 executivelaws approved by the Government;

(t) To address messages to the NationalAssembly and convene it in specialsession;

(u) To make statement on serious emergenciesin national life and, in this event, to themeasures provided for in the followingarticle of the present Law;

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(v) To award decorations, in accordance withthe law;

(w) To ratify international treaties, when dulyapproved, and sign the instruments ofapproval of other treaties in simplifiedform;

(x) To request of the Constitutional Courtprior assessment or declaration of theunconstitutional nature of judicial rulesand verify whether they areunconstitutional by omission.

Article 67(1) The President of the Republic, after

consultation with the Prime Minister and thePresident of the National Assembly, shalltake appropriate measures whenever theinstitutions of the Republic, theindependence of the nation, territorialintegrity or the fulfillment of internationalcommitments are seriously and immediatelythreatened and the regular activity ofconstitutional public office interrupted.

(2) The President of the Republic shall informthe nation of all these factors through amessage.

(3) For the duration of the special powers, theConstitution shall not be amended and theNational Assembly shall not be dissolved.

Article 68(1) 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 PrimeMinister;

(b) Direct and guide meetings and sessionsof the Council of Ministers.

(2) The President of the Republic may expresslydelegate the Prime Minister to preside overthe Council of Ministers.

Article 69(1) The President of the Republic shall

promulgate laws thirty days after receivingthem in the National Assembly.

(2) Within this period, the President of theRepublic may request the National Assemblyto consider the law or any of its provisions.

(3) If after reconsideration a two-thirds majorityof the Members of the National Assemblyare in favor of approving the law, thePresident of Republic shall promulgate thelaw within fifteen days of receiving it.

Article 70After they have been signed by the Prime Minister,the President of the Republic shall signGovernment decrees thirty days after receiving themand shall inform the Government of the reasonsfor refusing to sign them.

Article 71The laws referred to in Article 66 (s) notpromulgated by the President of the Republic, andGovernment decrees not signed by the Presidentof the Republic, shall be null and void.

Article 72The interim President of the Republic shall notdissolve the National Assembly or call referendums.

Article 73(1) The President of the Republic may, on the

proposal of the Government or the NationalAssembly, submit to a referendum draft lawsor the ratification of international treatieswhich, without being contrary to theConstitution, affect the organization of publicdepartment and the functioning ofinstitutions.

(2) The holding of constitutional referendumsshall be prohibited.

(3) The President of the Republic shallpromulgate draft laws and ratify internationaltreaties approved by referendum withinfifteen days.

Article 74In the exercise of his powers, the President of theRepublic shall issue presidential decrees anddispatches that shall be published in the Díario daRepública.

Section IICouncil of the Republic

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Article 75(1) The Council of the Republic shall be the

political consultative body of the Presidentof 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 ofthe appointment of the Prime Minister,the resignation of the Government, theappointment and dismissal of theAttorney General, the Chief of GeneralStaff of the Angolan Armed Forces andthe deputies thereof, and the Chiefs ofStaff of the different branches of theArmed Forces;

(e) Advise the President of the Republic inthe exercise of his powers when sorequested by the President of theRepublic;

(f) Approve the regulations of Council ofthe Republic.

(2) In exercising its powers, the Council of theRepublic shall issue reports that shall be madepublic at the appropriate ceremony.

Article 76The Council of the Republic shall be presided overby the President of the Republic and shall becomposed 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 theRepublic.

(2) The members of the Council of the Republicshall enjoy the privileges and immunities ofMembers of the National Assembly.

Chapter IIIThe National Assembly

Article 78(1) The National Assembly shall be the

representative assembly of all Angolans andexpress the sovereign will of the Angolanpeople.

(2) The National Assembly shall be regulated bythe provisions of the present Law and byRegulations approved by itself.

Article 79(1) The National Assembly shall be composed

of two hundred and twenty-three Memberselected by universal, equal, direct, secret andperiodic suffrage for a four-year term ofoffice.

(2) Members of the National Assembly shall beelected through the system of proportionalrepresentation, based on the followingcriteria:(a) Each province shall by right be

represented in the National Assembly byfive Members, and each province shallfor this purpose Constitute an electoralcollege;

(b) The remaining one hundred and thirtyMembers shall be elected at nationallevel, and the country shall for thispurpose be considered a single electoralcollege;

(c) For Angolan communities abroad, thereshall be constituted a single electoralcollege of three Members, two in theAfrica region and one in the rest of theworld.

Article 80Candidates shall be presented by political partiesindividually or in coalition, and the list may includecitizens who are not members of the partiesconcerned, in accordance with the Electoral Law.

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Article 81The term of office of a Member shall start at thefirst session of the National Assembly after theelections and end with the first session aftersubsequent elections, without prejudice tosuspension 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 limitedcompany, a shareholding manager of acompany, director general or deputydirector general of a public enterprise;

(2) The following may not be Members:(a) Judicial or Ministry of Justice judges;(b) Members of military or militarized forces

on active service.(3) Citizens who have acquired Angolan

nationality may be candidates seven yearsafter the acquisition of nationality.

Article 83Members of the National Assembly shall have theright, in accordance with the Constitutional Lawand the Regulations of the National Assembly, toquestion the Government or any of the membersthereof, and to obtain from all public bodies andenterprises the cooperation needed to dischargetheir duties.

Article 84(1) No Member of the National Assembly shall

be detained or arrested without authorizationby the National Assembly or the StandingCommission thereof, unless caught inflagrante delicto committing a felonypunishable by imprisonment.

(2) Members shall not be held responsible forviews they express in the discharge of theirduties.

Article 85A Member may lose his or her seat for any of thefollowing reasons:

(a) The incapacitates or incompatibilitiesprovided for by law;

(b) Not taking his or her seat in the NationalAssembly or exceeding the number ofabsences stipulated in the Regulations;

(c) Joining a party other than the one fromwhose list or she was elected.

Article 86A Member may renounce his or her seat through awritten statement with notarized signaturepersonally handed to the President of the NationalAssembly.

Article 87(1) The temporary substitution of a Member

shall be accepted under the followingcircumstances:(a) For holding a public post incompatible

with the office of a Member under thepresent Law;

(b) Owing to an illness of more than forty-five days duration.

(2) In the event of the temporary situation of aMember, the vacancy shall be filled inaccordance with order of precedence by thefollowing candidate on the list to which theoffice holder of the vacancy belonged andwho is not unable to assume the seat.

(3) In the event of a vacancy caused by a Memberelected by a coalition, the seat shall be givento the next unelected candidate proposed bythe political party to which the substitutedMember belonged.

(4) If the list to which the holder of the vacantseat belonged has no unelected candidates,the seat shall not be filled.

Article 88The National Assembly shall:

(a) Amend the current Constitutional Lawand approve the Constitution of theRepublic of Angola;

(b) Approve laws on all matters, except thosereserved by the Constitutional Law forthe Government;

(c) Confer legislative authorizations on theGovernment;

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(d) Approve, on the proposal of theGovernment, the National Plan and theGeneral State Budget;

(e) Approve, on the proposal of theGovernment, the reports on theexecution of the National Plan and theGeneral State Budget;

(f) Authorize the Government to contractand grant loans and perform other creditoperations not involving a floating debt,setting out the general terms thereof andestablishing the maximum limits ofsuretyships to be granted annually by theGovernment;

(g) Establish and alter the political andadministrative 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 ofemergency, setting our the extension,suspension of constitutional guaranteesand monitor the implementation thereof;

(j) Authorize the President of the Republicto declare war and make peace;

(k) Approve international treaties on matterswithin its absolute legislative powers, aswell as treaties on peace, Angola’sparticipation in internationalorganizations, the rectification ofborders, friendship, defense, militarymatters and any others submitted to it bythe Government;

(l) Ratify decrees;(m) Promote proceedings against the

President of the Republic for the crimesof bribery or treason;

(n) Vote motions of confidence or noconfidence in the Government;

(o) Draft and approve the Regulations ofthe National Assembly;

(p) Elect the President and Vice-Presidentsof the National Assembly and othermembers of the Standing Commission byan absolute majority of Members present;

(q) Constitute the Working Commissions ofthe National Assembly in accordancewith the representativity of parties inthe Assembly;

(r) Perform other duties assigned to it bythe Constitution and the law.

Article 89The National Assembly shall have full and solelegislative powers on the following matters:

(a) Acquisition, loss and re-acquisition ofnationality;

(b) Rights, freedoms and basic guarantees ofcitizens;

(c) Elections and the status of office holdersin sovereign bodies, local government andother constitutional bodies;

(d) Ways and means of organizing andrunning 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, functioningand discipline of the Angolan ArmedForces;

(h) System of state of siege and state ofemergency;

(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’srights to contiguous sea beds;

(m) Definition of sectors reserved for theState in respect of the economy, and thebasis for granting concessions for theexploitation of natural resources andalienation d State property;

(n) Definition and system of nationalsymbols;

Article 90The National Assembly shall have relative solelegislative powers on the following matters exceptwhere 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

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and establishment of criteria for settingcompensation, as well as re-privatizationof title or exploration rights of Stateproperty, in accordance with the basiclegislation referred to in (m) of theforegoing article;

(f) Definition of the taxation system andcreation 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 culturalheritage;

(i) General system of rural and urban leasing;(j) System of land ownership and

establishment of criteria for fixing themaximum limits of private agriculturalunits;

(k) Participation of traditional authoritiesand 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 criminalproceedings.

Article 91(1) The National Assembly shall, in respect of

laws of legislative authorization, define thescope, sense, extension and duration of theauthorization.

(2) The authorization referred to in the foregoingparagraph shall be forfeited on the signal ofthe Government that granted it, the end ofthe legislature or the dissolution of theNational Assembly.

Article 92(1) The National Assembly shall, in the exercise

of its powers, issue laws for theconstitutional amendment of theConstitution of the Republic of Angola,organic laws, laws, motions and resolutions.

(2) Acts provided for in Article 88 (a) shall takethe form of a law on constitutionalamendment or amendment of theConstitution of the Republic of Angola.

(3) Acts provided for in Article 89 (c), (d), (e),(f), 4. (g), (h) and (i) shall take the form oforganic laws.

(4) Other acts provided for in Articles 89 and 90and those provided for in Article 88 (d), (f)(g) and (h) shall take the form of laws.

(5) Acts provided for in Article 88 (n) shall takethe form of motions.

(6) Other acts of the National Assembly, namelythose provided for in Article 88 (c), (e), (i),(j), (k) (1), (m), (o) (p) and (q) and acts ofthe Standing Commission, shall take the formof resolutions.

Article 93

(1) Members, parliamentary groups and theGovernment shall have the right to proposelegislation.

(2) Members and parliamentary groups shall notin the course of the economic year presentdraft laws that involve an increase in theexpenditure or decrease in the State revenueestablished in the Budget.

(3) Draft laws that are definitively rejected shallnot be assessed in the same legislative sessionunless there is a new election of the NationalAssembly.

(4) Draft laws presented by the Government shallbe forfeited on its resignation.

Article 94(1) The National Assembly shall consider

executive laws approved by the Council ofMinisters for purposes of amendment orrefusal to ratify, except those falling withinthe Government’s sole competence, at therequest of ten Members at the ten first plenarymeetings of the National Assembly followingits publication.

(2) Following the consideration request and inthe event that amendment proposals aremade, the Assembly may wholly or partlysuspend the executive law until thepublication of the law that amends or evenrejects all those proposals.

(3) When ratification is refused, the executivelaw shall cease to be in force on the day whenthe resolution is published in the Díario da

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República and shall not be re-published inthe course of that legislative session.

(4) Executive laws that are not subject to arequest for consideration by the NationalAssembly within the period and in accordancewith the proceedings set out in this articleshall be deemed to have been ratified.

Article 95(1) The National Assembly may not be dissolved

within the six months subsequent to itselection, in the last quarter of the term ofoffice of the President of the Republic,during the term of office of the interimPresident of the Republic or during a stateof siege or state of emergency.

(2) Failure to observe provisions of the foregoingparagraph shall render the dissolution decreelegally null and void.

(3) When the National Assembly is dissolved,the term of office of Members and thefunctions of the Standing Commission shallcontinue until the first meeting of theAssembly 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.(3) The normal period in which the National

Assembly shall function shall be eight monthsand shall start on 15 October, withoutprejudice to intervals provided for in theRegulations of the National Assembly andsuspensions determined by a two-thirdsmajority of Members present.

(4) The National Assembly shall meet in ordinarysession when convened by its President.

(5) The National Assembly may meet in specialsession whenever necessary on the decisionof a plenary meeting or on the initiative ofthe Standing Commission or of more thanhalf of its Members.

(6) The National Assembly may meet in specialsession outside its normal session on thedecision of a plenary meeting, on the initiativeof the Standing Commission or more thanhalf of its Members or when convened bythe 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 Memberspresent, except where the present law setsout other rules of decision.

Article 98(1) The agenda of plenary meetings of the

National Assembly shall be drafted by itsPresident, without prejudice to the right ofappeal of the Assembly plenary meeting.

(2) The Internal Regulations of the NationalAssembly shall set out the priority of itemsto be put on the day’s agenda.

(3) Messages from the President of the Republicto the National Assembly shall have absolutepriority over all other matters.

(4) The Government may request priority formatters the urgent solution of which is inthe national interest.

Article 99(1) Ministers and Secretaries of State shall be

entitled to attend plenary meetings of theNational Assembly, and may be assisted orsubstituted by Deputy Ministers and take thefloor in accordance with the Regulations ofthe National Assembly.

(2) The Prime Minister and members of theGovernment shall appear before the Assemblyplenum at meetings the regularity of whichshall be set out in the Regulations of theNational Assembly to reply to Members’questions and requests for clarification, madeverbally or in writing.

(3) The Prime Minister and members of theGovernment shall attend a plenary meetingof the National Assembly whenever there isa debate on motions of censure or noconfidence in the Government and approvalof the National Plan and General StateBudget and the reports on the executionthereof.

(4) The working commissions of the NationalAssembly may request the participation ofmembers of the Government in theirproceedings.

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Article 100(1) The National Assembly shall constitute

working commissions, in accordance with theRegulations, and may set up ad hoccommissions.

(2) The composition of the commissions shallreflect the representation of parties in theNational Assembly and their presidency shallbe shared by the parliamentary groups inproportion to the number of their Members.

(3) The commissions shall examine petitionsaddressed to the National Assembly and mayrequest the testimony of any citizen.

Article 101(1) Members of the National Assembly may

constitute parliamentary commissions ofinquiry to examine acts of the Governmentand administration.

(2) A commission of inquiry shall be requestedby any Member and, on a mandatory basis,comprise one-fifth of Members present, andshall be limited to one per Member perlegislative session.

(3) Parliamentary commissions of inquiry shallhave the investigating powers of judicialbodies.

Article 102(1) The National Assembly shall, outside the

period when it is effectively functioning,during the provided when it is dissolved andin other cases provided for in theConstitutional Law, be substituted by aStanding Commission.

(2) The Standing Commission shall be composedas follows:(a) The President of the National Assembly,

who shall preside over it, appointed bythe party or coalition of parties thatobtains a majority in the elections;

(b) Two vice-presidents appointed bypolitical parties or coalitions of partiesin proportion to the number of seats theyhave in the National Assembly;

(c) Twelve Members appointed by parties andcoalitions of parties in proportion to thenumber of seats they have in the NationalAssembly.

(3) The Standing Commission shall:

(a) Accompany the work of theGovernment and administration;

(b) Convene the National Assembly in specialsession;

(c) Discharge the Assembly’s duties in respectof the office of Members;

(d) Authorize the President of the Republicto declare a state of siege or state ofemergency;

(e) Exceptionally authorize the President ofthe Republic to declare war and makepeace, when the National Assembly is notin normal session and in the event of thepressing urgency to convene a specialmeeting;

(f) Prepare the opening of the legislativesession.

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 dothe following:(a) Participate in the Assembly’s working

commissions in accordance with theirrespective members, nominating theirrepresentatives thereto;

(b) State their views on the establishmentof the agenda;

(c) Propose through a formal demand to theGovernment for explanations, theopening of two debates in each legislativesession on matters of general or sectorialpolicy;

(d) Request the Standing Commission tomove 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 inrespect of the principal matters of publicinterest;

(h) Request the constitution ofparliamentary commissions of inquiry.

(3) The right provided for in (b), (f). (g) and (h)shall be exercised through the President ofthe parliamentary group.

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(4) Each parliamentary group shall have the rightto office space in the seat of the NationalAssembly, as well as expert and administrativestaff of its choice, in accordance with thelaw.

Article 104The National Assembly and the commissionsthereof shall be assisted by a permanent body oftechnicians, administrative staff and specialistsrequisitioned or temporarily contracted, inaccordance with the law.

Chapter IVThe Government

Article 105(1) The Government shall conduct the country’s

general policy and shall be the highest publicadministrative body.

(2) The Government shall be politicallyresponsible to the President of the Republicand the National Assembly, in accordancewith 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 Ministersshall be determined by the decrees nominatingthe respective office holders.

(3) The powers of Ministries and StateSecretariats shall be determined by anexecutive law.

Article 107(1) The office of Prime Minister, Minister,

Secretary of State and Deputy Minister shallbe incompatible with the office of Memberof the National Assembly.

(2) The incompatibilities set out in Article 82(b) and (c) shall apply to the offices set out inthe foregoing paragraph.

Article 108(1) The Council of Ministers shall be presided

over by the President of the Republic andshall comprise the Prime Minister, Ministersand Secretaries of State.

(2) The Council of Ministers shall meet atintervals established by law.

(3) Deputy Ministers may be summoned toattend meetings of the Council of Ministers.

(4) The Council of Ministers may constitutespecialized commissions to prepare papers onspecific makers to be considered by theCouncil of Ministers.

Article 109The duties of the Prime Minister shall start withthe swearing in thereof and cease with the swearingin of the new Prime Minister. The duties of othermembers of the Government shall start with theswearing in thereof and cease when they aredismissed or the Prime Minister is dismissed. In theevent of the resignation of the Government, thePrime Minister of the outgoing Government shallbe dismissed on the date of the appointment andswearing in of the new Prime Minister.

Article 110In the discharge of the political duties, theGovernment shall:

(a) Attest to acts of the President of theRepublic, in accordance with theprovisions of Article 70;

(b) Set out the general lines of Governmentpolicy and the implementation thereof;

(c) Negotiate and conclude internationaltreaties and approve treaties that do notfall within the sole competence of theNational Assembly or have not beensubmitted thereto;

(d) Present draft laws on the NationalAssembly;

(e) Deliberate on motions of confidencepresented to parliament;

(f) State its views on the declaration of astate of siege or state of emergency;

(g) Propose to the President of the Republicthe declaration of war or the making ofpeace;

(h) Perform other duties assigned to it by theConstitution or the law.

Article 111(1) In the discharge of its legislative duties, the

Government shall:

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(a) Establish by an executive law thecomposition, organization andfunctioning of the Government;

(b) Draft and pass executive laws onlegislative matters related to the NationalAssembly, in accordance with theappropriate legislative authorization;

(2) The Government shall have full legislativepower on matters related to its owncomposition, organization and functioning.

(3) The execution laws provided for in (b) shallspecifically cite the legal document conferringlegislative authorization.

Article 112In the discharge of its administration duties, theGovernment shall:

(a) Draft and promote implementation ofthe country’s economic and socialdevelopment plan;

(b) Draft, approve and direct the executionof the State Budget;

(c) Approve acts of the Governmentinvolving increased or decreased publicrevenue or expenditure;

(d) Draft regulations needed for the properapplication of laws;

(e) Direct the services and activity of the Stateadministration, superintend indirectadministration and oversee autonomous localadministration and other autonomousinstitutions:

(f) Carry out action and take all necessarymeasures to promote economic and socialdevelopment and satisfy collective needs.

Article 113The Government, meeting in the Council ofMinisters, shall discharge its duties throughexecutive laws, decrees and resolutions on generaland sectorial policies and measures within theframework of Government activity.

Article 114(1) The Prime Minister shall in general direct,

conduct and coordinate the general activityof 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 theNational Assembly and domestically andabroad;

(c) Direct the functioning of theGovernment and its general relationswith other State bodies:

(d) Substitute the President of the Republicin presiding over the Council ofMinisters, in accordance with Article 68(2);

(e) Sign executive laws of the Council ofMinisters and send them forpromulgation by the President of theRepublic;

(f) Sign executive laws of the Council ofMinisters and send them for subsequentsignature by the President of theRepublic;

(g) Sign resolutions of the Council ofMinisters;

(h) Discharge other duties assigned to himby the Constitution and the law.

(3) In the discharge of their duties, the PrimeMinister, Ministers and Secretaries of Stateshall issue executive decrees and dispatchesthat shall be published in the Díario daRepública.

Article 115(1) The Government shall draft its program

which shall include the major political,economic and social guidelines and measuresto be taken or proposed in the various spheresof Government activity.

(2) Members of the Government shall be boundby the Government program and otherdecisions 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 theimplementation of its program or otherfundamental issues of Government policy,on the proposal of a parliamentary group orone quarter of Members present.

(3) A vote of censure of the Government shallbe passed by an absolute majority of memberspresent.

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(4) If the vote of censure is not passed, itssignatories shall not table another during thesame legislative session.

(5) The Government may ask the NationalAssembly for a vote of confidence that shallbe passed by a majority of Members present.

Article 117(1) The Prime Minister shall be responsible to

the President of the Republic, whom he shallregularly and directly inform of mattersrelated to the conduct of the country’s policy.

(2) The Prime Minister shall represent theGovernment in the National Assembly andshall ensure the Government’s politicalresponsibility to the National Assembly.

Article 118The following shall cause the resignation of theGovernment:

(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’sresignation;

(e) The death or lasting disability of thePrime Minister;

(f) A vote of censure against theGovernment;

(g) Failure to pass a vote of confidence inthe Government.

Article 119The Prime Minister, Ministers, Secretaries of Stateand Deputy Ministers may be arrested only ifcharged for an offense punishable by imprisonmentand following suspension of the office thereof bythe President of the Republic.

Chapter VJustice

Section IThe Courts

Article 120(1) Courts shall be Sovereign bodies with powers

to administer justice on behalf of the people.

(2) The Supreme Court and other courtsinstituted by law shall discharge jurisdictionalduties.

(3) In the discharge of their jurisdictional duties,the courts shall be independent and subjectonly to the law, and they shall be entitled tothe assistance of other authorities.

Article 121(1) The courts shall guarantee and ensure

compliance with the Constitutional Law, lawsand other legal provisions in force, protectionof the rights and legitimate interest of citizensand institutions, and shall decide on thelegality of administrative acts.

(2) It shall be mandatory for all citizens and otherlegal entities to comply with decisions of thecourts and these shall prevail over those ofother authorities.

Article 122Courts shall as a rule be collegiate and shall includeprofessional judges and citizen assistants who shallhave the same rights and duties in respect of thetrial concerned.

Article 123It shall be the duty of all public and private entitiesto cooperate with the courts in the discharge oftheir duties.

Article 124Court hearings shall be public, unless the courtitself deems otherwise in a well-founded ruling,for reasons of the dignity of individuals or publicmorality, or to ensure the functioning thereof.

Article 125(1) Apart from the Constitutional Court, courts

shall be structured, in accordance with thelaw, as follows:(a) Municipal courts:(b) Provincial courts; and(c) The Supreme Court.

(2) The organization and functioning of militaryjustice shall be set out in an appropriate law.

(3) Military, administrative, auditing, fiscal.maritime and arbitration courts may beconstituted in accordance with the law.

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Article 126Without prejudice to the provisions of the foregoingarticle, the constitution of courts with sole powersto try determined offenses shall be prohibited.

Article 127In the discharge of their duties, judges shall beindependent and shall owe obedience only to thelaw.

Article 128Judges shall not be removable from office and shallnot be transferred, promoted, suspended, retiredor dismissed except in accordance with the law.

Article 129Judges shall be responsible for decisions they makein the discharge of their duties, except forrestrictions imposed by law.

Article 130(1) The Presiding Judge of the Supreme Court,

Vice President of the Supreme Court andother judges of the Supreme Court andConstitutional Court may be arrested only ifcharged for an offense punishable by a prisonsentence.

(2) Trial court judges may not be arrested withoutbeing charged unless caught in flagrantedelicto committing a felony punishable byimprisonment.

Article 131Judges shall not discharge any public or privateduties other than teaching or scientific research.

Section IIHigh Council of the Judicial Bench

Article 132(1) The High Council of the Judicial Bench shall

be the highest body managing and discipliningthe judicial bench, and shall, in general:(a) Consider the professional ability of and

take disciplinary action in respect ofjudges:

(b) Propose the appointment of judges tothe Supreme Court in accordance withthe present Law;

(c) Order investigations, inspections andinquires into the legal services andpropose the measures needed to ensurethe efficiency and improvement thereof;

(d) Appoint, place, transfer and promotejudges, without prejudice to theprovisions of the present Law.

(2) The High Council of the Judicial Bench shallbe presided over by the President of theSupreme Court and shall be composed of thefollowing:(a) Three lawyers nominated by the President

of the Republic, at least one of whomshall be a judicial judge;

(b) Five lawyers nominated by the NationalAssembly;

(c) Ten judges elected by judicial judges fromamong their own numbers,

(3) Members of the High Council of the JudicialBench shall enjoy the same immunities asSupreme Court judges.

Article 133The manner of judges joining the bench shall beestablished by law.

Section IIIConstitutional Court

Article 134The Constitutional Court shall in general administerjustice on legal and constitutional matters, and shall:

(a) Prevent unconstitutionality, inaccordance with the provisions of Article154;

(b) Consider whether laws, executive laws,ratified international treaties and any rulesare unconstitutional, in accordance withthe provisions of Article 155;

(c) Verify and consider non-compliance withthe Constitutional Law owing to failureto take the requisite measures to makeconstitutional rules executable;

(d) Consider appeals in respect of theconstitutional nature of all decisions ofother courts that refuse to apply any ruleon the grounds that it is unconstitutional;

(e) Consider appeals in respect of theconstitutional nature of all decisions ofother courts that apply a rule the

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constitutional nature of which has beenevoked during the trial.

Article 135(1) The Constitutional Court shall be composed

of seven judges, nominated from amonglawyers and judges as follows:(a) Three judges nominated by the President

of the Republic, including the Presidentof the Court;

(b) Three judges elected by the NationalAssembly by a two-thirds majority ofMembers present;

(c) One judge elected by a full session of theSupreme Court.

(2) Judges of the Constitutional Court shall beappointed for a non-renewable seven-yearterm and shall be guaranteed the sameindependence, irremovability from office,impartiality and nonliabilily as judges ofother Courts.

(3) Other rules related to the powers,organization and functioning of theConstitutional Court shall be established byan appropriate law.

Section IVThe Attorney General’s Office

Article 1361 The Attorney General’s Office shall be

represented in the courts by the Ministry ofJustice Bench, in accordance with therespective Statutes.

(2) The Attorney General’s Office shall defendDemocratic legality and, especially, representthe State in taking penal action and defendingthe interests assigned to it by law.

Article 137(1) The Attorney General’s Office shall be

presided over by the Attorney General andshall comprise the High Council of theMinistry of Justice Bench, which shall becomposed of members elected by theNational Assembly and members elected byMinistry of Justice judges from among theirown numbers, in a manner to be set out bylaw.

(2) The Attorney General’s Office shall have itsown statutes, enjoy autonomy in accordancewith the law and be governed by the statutesof judicial and Ministry of Justice judges.

(3) The organization, structure and functioningof the Attorney General’s Office and themanner of joining the Ministry of JusticeBench shall be established in an appropriatelaw.

Article 138Ministry of Justice judges shall be responsible tothe law and shall follow hierarchical authority.

Article 139(1) The Attorney General, Deputy Attorney

General and assistants of the AttorneyGeneral may be arrested only when chargedfor an offense punishable by imprisonment.

(2) Ministry of Justice trial court judges and theequivalent may not be arrested without beingcharged unless caught in flagrant delicto tocommitting a felony punishable byimprisonment.

Article 140Ministry of Justice judges shall not be transferred,suspended, promoted. dismissed or subject to anyother change of position except in accordance withthe appropriate statute.

Article 141The office of Ministry of Justice judge shall beincompatible with the discharge of public or privateduties, except for teaching, scientific research orbench associations.

Chapter VIJudicial Proctorate

Article 142(1) The Judicial Proctorate shall be an

independent public body the purpose ofwhich shall be to defend the rights, freedomsand guarantees of citizens ensuring byinformal means the justice and legality of thepublic administration.

(2) Citizens may present the Judicial Proctoratewith complaints concerning acts or omissionsby the public authorizes that it shall consider

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with no power of decision, submitting tothe appropriate bodies its recommendationsto prevent and remedy injustices.

(3) The activity of the Judicial Proctorate shallbe independent of the means to rule onappeals or disputes provided for in theConstitutional Law and the law.

(4) The other duties and statutes of the JudicialProtorate shall be established by law.

Article 143(1) The Judicial Proctorate shall be nominated

by the National Assembly on the decision oftwo- thirds of Members present and shall besworn in by the President of the NationalAssembly.

(2) The Judicial Proctorate shall be appointedfor 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 bodiesand agents to cooperate with the Judicial Proctoratein the discharge of its duties.

Chapter VIILocal Government

Article 145State organization at local level shall comprise localgovernment agencies and local administrativebodies.

Article 146(1) Local government agencies shall be territorial

corporate bodies for the purpose of pursuingthe interests of the population, and shall forthis purpose have elected representativebodies and freedom to administer theircommunities.

(2) The constitution, organization, powers,functioning and regulamentary powers oflocal government agencies shall be specifiedby an appropriate law.

Article 147(1) Local administrative bodies shall be local

administrative units decentralized fromcentral Government for the purpose ofachieving the specific attributes of the State

administration at local level, guide economicand social development and ensure theprovision of communal services in therespective geographical area.

(2) The type of local administrative bodies,organization, powers and functioning shallbe established by an appropriate law.

Article 148(1) The Provincial Governor shall be the

Government representative in the respectiveprovince, shall in general direct thegovernance of the province, shall ensure thenormal functioning of local administrativebodies, and shall be answerable to theGovernment and the President of theRepublic.

(2) The Provincial Governor shall be appointedby the President of the Republic after hearingthe Prime Minister.

Part IVNational Defense

Article 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 andsecurity of the population against anyaggression or external threat, within theframework of the instituted constitutionalorder and international law.

Article 150(1) The National Defense Council shall be

presided over by the President of the Republicand 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, toattend meetings of the National DefenseCouncil.

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(3) The National Defense Council shall be theconsultative body for matters related tonational defense and the organization,functioning and discipline of the ArmedForces, and shall have the administrativepowers conferred on it by law.

Article 151(1) The Angolan Armed Forces, under the

supreme authority of their Commander inChief, shall owe obedience to the appropriatesovereign bodies, in accordance with thepresent Law and other statutory legislation,and shall defend the nation militarily.

(2) The Angolan Armed Forces, as a Stateinstitution shall be permanent, regular andnonpartisan.

(3) The Angolan Armed Forces shall be solelycomposed of national citizens and the generalrules of organization and preparation thereofshall be established by law.

Article 152(1) The defense of the country shall be the right

and the highest indeclinable duty of everycitizen.

(2) Military service shall be compulsory. Themanner in which it is fulfilled shall beestablished by law.

(3) Citizens shall not lose permanent employmentor other social benefits by virtue of doingnational service.

Part VGuarantee and Amendment of the

Constitutional LawChapter I

Monitoring of Unconstitutionality

Article 153(1) Rules in breach of the Constitutional Law or

the principles set out therein shall beunconstitutional.

(2) The Constitutional Court shall declare theunconstitutional nature of acts ofcommission 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 priorconsideration of the constitutional nature ofany rule subject to promulgation, signatureor ratification by the President of theRepublic, namely statutory legal acts,executive laws, decrees or internationaltreaties.

(2) Rules in inspects of which prior considerationhas been requested of the ConstitutionalCourt shall not be promulgated, signed oruntil the Constitutional Court has given itsruling.

(3) Where rules referred to in the foregoingparagraph are declared to be unconstitutional,the rule shall be vetoed by the President ofthe Republic and returned to the body thatapproved it for removal of the part deemedunconstitutional.

Article 155(1) The President of the Republic, one-fifth of

the Members of the National Assemblypresent, the Prime Minister and the AttorneyGeneral may request of the ConstitutionalCourt prior consideration of any rules.

(2) The declaration of the unconstitutionalnature of rules referred to in the foregoingparagraph shall take effect with the entry intoforce of the rule declared unconstitutionaland shall entail redrafting of the rules it mayhave revoked.

(3) In the event of unconstitutional through abreach of the foregoing constitutional rule,the declaration shall take effect only on theentry into force thereof.

(4) Exceptions shall be tried cases, unless theConstitutional Court decides otherwise,where the rule complies with penal,disciplinary or mere infringement of companyregulations charge, and where the content isunfavorable to the accused.

Article 1561 The President of the Republic, one-fifth of

Members present and the Attorney Generalmay request the Constitutional Court todeclare unconstitutionality by omission.

(2) If unconstitutionality by omission is verified,the Constitutional Court shall inform the

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appropriate legislative body accordingly, sothat the omission may be remedied.

Article 157The Constitutional Court shall state its views onthe constitutionality of rules submitted to it forconsideration within no more than forty-five days.

Chapter IIAmendment of the Constitution

Article 158(1) The National Assembly may review the

Constitutional Law and approve theConstitution of the Republic of Angola onthe decision of two-thirds of Memberspresent.

(2) No less than ten Members or the Presidentof the Republic may propose amendment ofthe Constitution.

(3) The Constitutional Law may be amended atany time.

(4) The National Assembly shall determine themanner of proposing the drafting of theConstitution of the Republic of Angola.

(5) The President of the Republic shall notrefuse to promulgate the Law Amending theConstitution of the Republic of Angolaadopted in accordance with the first paragraphof the present article.

Article 159Amendments to and approval of the Constitutionof Angola shall comply with the following:

(a) Independence, territorial integrity andnational unity;

(b) The fundamental rights and freedoms andguarantees of citizens;

(c) A State based on the rule of law andparty political pluralism;

(d) Universal, direct, secret and periodicsuffrage for the appointment of theelected office holders of sovereign bodiesand local government;

(e) The secular nature of the State and theprinciple of separation between the Stateand churches;

(f) The separation and interdependence ofthe courts.

Article 160During a state of siege or state of emergency, noamendment of the Constitution shall be made.

Part VISymbols of the Republic of Angola

Article 161The symbols of the Republic of Angola shall bethe Flag, the Insignia and the National Anthem.

Article 162The National Flag shall consist of two colors inhorizontal bands. The upper band shall be brightred and the lower one black and they shall represent:Bright red - The blood shed by Angolans duringcolonial oppression, the national liberation struggleand the defense of the country.Black - The African continent.In the center there shall be a composition formedby a segment of a cog wheel, symbolizing theworkers and industrial production, a machete,symbolizing the peasants, agricultural productionand the armed struggle, and a star, symbolizinginternational solidarity and progress. The cog wheel,the machete and the star shall be yellow, symbolizingthe country’s wealth.

Article 163The insignia of the Republic of Angola shall beformed by a segment of a cog wheel and sheavesof maize, coffee and cotton, representingrespectively the workers and industrial production,the peasants and agricultural production. At thefoot of the design, an open book shall representeducation and culture, and the rising sun shallrepresent the new country. In the center shall be amachete and a hoe symbolizing work and the startof the armed struggle. At the top shall be a starsymbolizing international solidarity and progress.In the lower part of the emblem shall be a goldenband with the inscription ‘Republic of Angola’.

Article 164The National Anthem shall be “ANGOLAAVANTE” (Forward Angola).

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Angola

Part VIIFinal and Transitional Provisions

Article 165The laws and regulations in force in the Republicof Angola shall be applicable unless amended orrepealed, provided they do not conflict with theletter and spirit of the present Law.

Article 166All treaties, agreements and alliances to whichPortugal committed Angola and which are contraryto the interests of the Angolan people shall bereviewed.

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