Constitution of the Republic of Angola

Article 1 (Republic of Angola)#

Angola is a sovereign and independent Republic, based on the dignity of the human person and on the will of the Angolan people, whose fundamental objective is the building of a free, just and democratic society of solidarity, peace, equality and social progress.

Article 2 (Democratic State Based on the Rule of Law)#

1. The Republic of Angola is a democratic State based on the rule of law, founded on popular sovereignty, the primacy of the Constitution and of the law, the separation of powers and interdependence of functions, national unity, pluralism of expression and of political organisation, and representative and participatory democracy. 2. The Republic of Angola promotes and defends the fundamental rights and freedoms of the human person, whether as an individual or as a member of organised social groups, and ensures respect for them and the guarantee of their implementation by the legislative, executive and judicial powers, their organs and institutions, as well as by all natural and legal persons.

Article 3 (Sovereignty)#

1. Sovereignty, one and indivisible, belongs to the people, who exercise it through universal, free, equal, direct, secret and periodic suffrage, through referendum and through the other forms established by the Constitution, namely for the choice of their representatives.

2. The State exercises its sovereignty over the whole of Angolan territory, which, in accordance with this Constitution, the law and international law, comprises the extent of the land area, the internal waters and the territorial sea, as well as the airspace, the soil and subsoil, the seabed and the corresponding beds. 3. The State exercises jurisdiction and sovereign rights in matters of the conservation, exploration and exploitation of natural resources, biological and non-biological, in the contiguous zone, the exclusive economic zone and the continental shelf, in accordance with the law and international law.

Article 4 (Exercise of Political Power)#

1. Political power is exercised by those who obtain legitimacy through a free and democratically conducted electoral process, in accordance with the Constitution and the law.

2. The seizure and exercise of political power by violent means or by other means not provided for in, or not in conformity with, the Constitution are illegitimate and criminally punishable.

Article 5 (Territorial Organisation)#

1. The territory of the Republic of Angola is that historically defined by the geographical boundaries of Angola as they existed on 11 November 1975, the date of National Independence.

2. The provisions of the preceding paragraph are without prejudice to any additions that have been or may be established by international treaties.

3. For political and administrative purposes, the Republic of Angola is organised territorially into Provinces and these into Municipalities, and may also be structured into Communes and equivalent territorial entities, in accordance with the Constitution and the law.

4. The definition of the boundaries and characteristics of the territorial levels, and their creation, modification or extinction, within the scope of the political and administrative organisation, as well as territorial organisation for special purposes, such as economic, military, statistical, ecological or similar purposes, are established by law.

5. The law establishes the structuring, designation and progression of urban units and population settlements.

6. Angolan territory is indivisible, inviolable and inalienable, and any action aimed at the dismemberment or separation of any of its parts shall be vigorously opposed; no part of the national territory, nor of the sovereign rights that the State exercises over it, may be alienated.

Article 6 (Supremacy of the Constitution and Legality)#

1. The Constitution is the Supreme Law of the Republic of Angola.

2. The State is subject to the Constitution and is founded on legality, and must respect and ensure respect for the laws.

3. Laws, treaties and other acts of the State, of the organs of local government and of public entities in general are valid only if they conform to the Constitution.

Article 7 (Custom)#

The validity and legal force of custom that is not contrary to the Constitution and does not undermine the dignity of the human person are recognised.

Article 8 (Unitary State)#

The Republic of Angola is a unitary State which, in its organisation, respects the principles of the autonomy of the organs of local government and of administrative deconcentration and decentralisation, in accordance with the Constitution and the law.

Article 9 (Nationality)#

1. Angolan nationality may be original or acquired.

2. The child of a father or mother of Angolan nationality, born in Angola or abroad, is an Angolan citizen by origin.

3. A newborn child found in Angolan territory is presumed to be an Angolan citizen by origin.

4. No Angolan citizen by origin may be deprived of his or her original nationality.

5. The law establishes the requirements for the acquisition, loss and reacquisition of Angolan nationality.

Article 10 (Secular State)#

1. The Republic of Angola is a secular State, with separation between the State and the churches, in accordance with the law.

2. The State recognises and respects the different religious denominations, which are free in their organisation and in the exercise of their activities, provided that they conform to the Constitution and the laws of the Republic of Angola.

3. The State protects churches and religious denominations, as well as their places and objects of worship, provided that they do not undermine the Constitution and public order and that they conform to the Constitution and the law.

Article 11 (Peace and National Security)#

1. The Republic of Angola is a Nation with a vocation for peace and progress, and it is a duty of the State and a right and responsibility of all to guarantee peace and national security, with respect for the Constitution and the law, as well as for international conventions.

2. Peace is based on the primacy of law and statute and aims to ensure the conditions necessary for the stability and development of the country.

3. National security is based on the primacy of law and statute, on the enhancement of the integrated security system and on the strengthening of the national will, with a view to guaranteeing the safeguarding of the State and ensuring stability and development against any threats and risks.

Article 12 (International Relations)#

1. The Republic of Angola respects and applies the principles of the Charter of the United Nations and of the Charter of the African Union, and establishes relations of friendship and cooperation with all States and peoples on the basis of the following principles:

(a) Respect for sovereignty and national independence;

(b) Equality among States;

(c) The right of peoples to self-determination and independence;

(d) Peaceful settlement of conflicts;

(e) Respect for human rights;

(f) Non-interference in the internal affairs of other States;

(g) Reciprocity of advantages;

(h) Repudiation of and combating terrorism, drug trafficking, racism, corruption and trafficking in human beings and human organs;

(i) Cooperation with all peoples for peace, justice and the progress of humanity.

2. The Republic of Angola advocates the abolition of all forms of colonialism, aggression, oppression, domination and exploitation in relations between peoples.

3. The Republic of Angola is committed to reinforcing African identity and to strengthening the action of African States in favour of enhancing the cultural heritage of African peoples.

4. The Angolan State does not permit the installation of foreign military bases on its territory, without prejudice to participation, within the framework of regional or international organisations, in peacekeeping forces and in systems of military cooperation and collective security.

Article 13 (International Law)#

1. General or customary international law, received in accordance with this Constitution, forms an integral part of the Angolan legal order.

2. International treaties and agreements duly approved or ratified are in force in the Angolan legal order after their official publication and their entry into force in the international legal order, and for as long as they are internationally binding on the Angolan State.

Article 14 (Private Property and Free Enterprise)#

The State respects and protects the private property of natural and legal persons and promotes free economic and business initiative, exercised in accordance with the Constitution and the law.

Article 15 (Land)#

1. Land, which is the original property of the State, may be transferred to natural or legal persons with a view to its rational and effective use, in accordance with the Constitution and the law.

2. Local communities are recognised as having access to and use of land, in accordance with the law.

3. The provisions of the preceding paragraphs are without prejudice to the possibility of expropriation in the public interest, upon payment of fair compensation, in accordance with the law.

Article 16 (Natural Resources)#

Solid, liquid or gaseous natural resources existing in the soil, the subsoil, the territorial sea, the exclusive economic zone and the continental shelf under the jurisdiction of Angola are the property of the State, which determines the conditions for their concession, prospecting and exploitation, in accordance with the Constitution, the law and international law.

Article 17 (Political Parties)#

1. Political parties, within the framework of this Constitution and the law, contribute, around a project for society and a political programme, to the organisation and expression of the will of citizens, participating in political life and in the expression of universal suffrage by democratic and peaceful means, with respect for the principles of national independence, national unity and political democracy.

2. The formation and functioning of political parties must, in accordance with the law, respect the following fundamental principles:

(a) National character and scope;

(b) Freedom of formation;

(c) Public pursuit of their aims;

(d) Freedom of membership and single membership;

(e) Exclusive use of peaceful means in the pursuit of their aims and prohibition of the creation or use of military, paramilitary or militarised organisations;

(f) Democratic organisation and functioning;

(g) Minimum representativeness established by law;

(h) Prohibition of the receipt of contributions of pecuniary or economic value from foreign governments or governmental institutions;

(i) Accountability for the use of public funds.

3. Political parties must, in their objectives, programme and practice, contribute to:

(a) The consolidation of the Angolan nation and of national independence;

(b) The safeguarding of territorial integrity;

(c) The strengthening of national unity;

(d) The defence of national sovereignty and of democracy;

(e) The protection of fundamental freedoms and of the rights of the human person;

(f) The defence of the republican form of government and of the secular nature of the State.

4. Political parties are entitled to equal treatment by the entities that exercise public power, to impartial treatment by the public press and to democratic opposition, in accordance with the Constitution and the law.

Article 18 (National Symbols)#

1. The national symbols of the Republic of Angola are the National Flag, the National Emblem and the National Anthem.

2. The National Flag, the National Emblem and the National Anthem, symbols of national sovereignty and independence and of the unity and integrity of the Republic of Angola, are those adopted upon the proclamation of national independence on 11 November 1975, as set out in the 1992 Constitutional Law and in Annexes I, II and III to this Constitution.

3. The law establishes the technical specifications and the provisions on the respect due to, and the use of, the National Flag, the National Emblem and the National Anthem.

Article 19 (Languages)#

1. The official language of the Republic of Angola is Portuguese.

2. The State values and promotes the study, teaching and use of the other languages of Angola, as well as of the main languages of international communication.

Article 20 (Capital of the Republic of Angola)#

The capital of the Republic of Angola is Luanda.

Article 21 (Fundamental Tasks of the State)#

The fundamental tasks of the Angolan State are:

(a) To guarantee national independence, territorial integrity and national sovereignty;

(b) To ensure fundamental rights, freedoms and guarantees;

(c) To create progressively the conditions necessary to give effect to the economic, social and cultural rights of citizens;

(d) To promote the well-being, social solidarity and improvement of the quality of life of the Angolan people, in particular of the most disadvantaged population groups;

(e) To promote the eradication of poverty;

(f) To promote policies that make primary health care universal and free of charge;

(g) To promote policies that ensure universal access to free compulsory education, as defined by law;

(h) To promote equal rights and opportunities among Angolans, without prejudice based on origin, race, party affiliation, sex, colour, age or any other forms of discrimination;

(i) To make strategic, massive and permanent investments in human capital, with emphasis on the integral development of children and young people, as well as in education, health, the primary and secondary economy and other sectors that are structural for self-sustaining development;

(j) To ensure peace and national security;

(k) To promote equality between men and women;

(l) To defend democracy and to ensure and encourage the democratic participation of citizens and civil society in resolving national problems;

(m) To promote harmonious and sustained development throughout the national territory, protecting the environment, natural resources and the national historical, cultural and artistic heritage;

(n) To protect, value and dignify the Angolan languages of African origin as cultural heritage, and to promote their development as languages of national identity and of communication;

(o) To promote the sustained improvement of the human development indices of Angolans;

(p) To promote excellence, quality, innovation, entrepreneurship, efficiency and modernity in the performance of citizens, institutions, enterprises and services, in the various aspects of life and sectors of activity;

(q) Others provided for in the Constitution and the law.

Article 22 (Principle of Universality)#

1. Everyone enjoys the rights, freedoms and guarantees enshrined in the Constitution and is subject to the duties established in the Constitution and the law.

2. Angolan citizens who reside or are present abroad enjoy the rights, freedoms and guarantees and the protection of the State, and are subject to the duties enshrined in the Constitution and the law.

3. Everyone has duties towards the family, society, the State and other legally recognised institutions and, in particular, the duty to:

(a) Respect the rights, freedoms and property of others, morals, good customs and the common good;

(b) Respect and show consideration for their fellow human beings without discrimination of any kind, and maintain relations with them that promote, safeguard and reinforce mutual respect and tolerance.

Article 23 (Principle of Equality)#

1. Everyone is equal before the Constitution and the law.

2. No one may be disadvantaged, privileged, deprived of any right or exempted from any duty by reason of his or her ancestry, sex, race, ethnicity, colour, disability, language, place of birth, religion, political, ideological or philosophical convictions, level of education, economic or social condition or profession.

Article 24 (Age of Majority)#

The age of majority is attained at 18 years of age.

Article 25 (Foreigners and Stateless Persons)#

1. Foreigners and stateless persons enjoy fundamental rights, freedoms and guarantees, as well as the protection of the State.

2. Foreigners and stateless persons are barred from:

(a) Holding office in organs of sovereignty;

(b) Electoral rights, in accordance with the law;

(c) Forming or participating in political parties;

(d) Rights of political participation provided for by law;

(e) Access to the diplomatic career;

(f) Access to the armed forces, the National Police and the intelligence and security bodies;

(g) The exercise of functions in the direct administration of the State, in accordance with the law;

(h) Other rights and duties reserved exclusively to Angolan citizens by the Constitution and the law.

3. Citizens of regional or cultural communities of which Angola is a member or to which it accedes may be granted, by international convention and on conditions of reciprocity, rights not conferred on foreigners, except for the right to vote and to stand for election for access to office in the organs of sovereignty.

Article 26 (Scope of Fundamental Rights)#

1. The fundamental rights established in this Constitution do not exclude any others contained in the laws and in the applicable rules of international law.

2. Constitutional and legal provisions relating to fundamental rights must be interpreted and supplemented in harmony with the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights and the international treaties on the matter ratified by the Republic of Angola.

3. When Angolan courts consider disputes relating to fundamental rights, the international instruments referred to in the preceding paragraph shall apply, even if they are not invoked by the parties.

Article 27 (Regime of Rights, Freedoms and Guarantees)#

The legal regime of the rights, freedoms and guarantees set out in this chapter applies to the rights, freedoms and guarantees and to the fundamental rights of a similar nature established in the Constitution, or enshrined by law or by international convention.

Article 28 (Legal Force)#

1. The constitutional provisions concerning fundamental rights, freedoms and guarantees are directly applicable and binding on all public and private entities.

2. The State must adopt legislative initiatives and other appropriate measures for the progressive and effective realisation, in accordance with the resources available, of economic, social and cultural rights.

Article 29 (Access to Law and Effective Judicial Protection)#

1. Everyone is guaranteed access to the law and to the courts in order to defend their legally protected rights and interests, and justice may not be denied for lack of economic means.

2. Everyone has the right, in accordance with the law, to legal information and advice, to legal representation and to be accompanied by a lawyer before any authority.

3. The law defines and ensures the adequate protection of judicial secrecy.

4. Everyone has the right to have any case in which they are involved decided within a reasonable time and by means of fair proceedings.

5. For the defence of personal rights, freedoms and guarantees, the law ensures that citizens have access to judicial procedures characterised by speed and priority, so as to obtain effective and timely protection against threats to or violations of those rights.

Article 30 (Right to Life)#

The State respects and protects the life of the human person, which is inviolable.

Article 31 (Right to Personal Integrity)#

1. The moral, intellectual and physical integrity of persons is inviolable.

2. The State respects and protects the human person and human dignity.

Article 32 (Right to Identity, Privacy and Intimacy)#

1. Everyone is recognised as having the rights to personal identity, civil capacity, nationality, good name and reputation, their own image, their spoken word and the confidentiality of their private and family life.

2. The law establishes effective guarantees against the obtaining and use, whether abusive or contrary to human dignity, of information relating to persons and families.

Article 33 (Inviolability of the Home)#

1. The home shall be inviolable.

2. No one may enter, search or seize property in the home of any person without that person's consent, except in the situations provided for in the Constitution and the law, when bearing a warrant from the competent authority issued in the cases and in the forms provided for by law, or in the case of flagrante delicto or an emergency, in order to provide assistance.

3. The law shall establish the cases in which entry into a home and the search and seizure therein of goods, documents or other objects may be ordered by a competent authority.

Article 34 (Inviolability of Correspondence and Communications)#

1. The secrecy of correspondence and of other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable.

2. Interference by public authorities in correspondence and in other means of private communication shall be permitted only by decision of a competent judicial authority issued in accordance with the law.

Article 35 (Family, Marriage and Filiation)#

1. The family is the fundamental nucleus of the organisation of society and shall be the object of special protection by the State, whether it is founded on marriage or on a de facto union between a man and a woman.

2. Everyone shall have the right freely to found a family in accordance with the Constitution and the law.

3. Men and women shall be equal within the family, society and the State, enjoying the same rights and being subject to the same duties.

4. The law shall regulate the requirements for and the effects of marriage and of de facto unions, as well as those of their dissolution.

5. Children shall be equal before the law, and any discrimination against them and the use of any discriminatory designation relating to filiation shall be prohibited.

6. The protection of the rights of the child, namely their comprehensive and harmonious education and the protection of their health, living conditions and schooling, shall constitute an absolute priority for the family, the State and society.

7. The State, with the collaboration of the family and society, shall promote the harmonious and comprehensive development of young people and adolescents, as well as the creation of conditions for the realisation of their political, economic, social and cultural rights, and shall encourage youth organisations in the pursuit of economic, cultural, artistic, recreational, sporting, environmental, scientific, educational and patriotic aims and of international youth exchange.

Article 36 (Right to Physical Liberty and Personal Security)#

1. Every citizen shall have the right to physical liberty and individual security.

2. No one may be deprived of liberty except in the cases provided for by the Constitution and the law.

3. The right to physical liberty and individual security shall further include:

(a) The right not to be subjected to any form of violence by public or private entities;

(b) The right not to be tortured or treated or punished in a cruel, inhuman or degrading manner;

(c) The right to enjoy fully one's physical and mental integrity;

(d) The right to security in and control over one's own body;

(e) The right not to be subjected to medical or scientific experiments without prior, informed and duly substantiated consent.

Article 37 (Right to and Limits of Private Property)#

1. Everyone shall be guaranteed the right to private property and to its transfer, in accordance with the Constitution and the law.

2. The State shall respect and protect the property and other rights in rem of natural persons, legal persons and local communities, and only temporary civil requisition and expropriation in the public interest shall be permitted, subject to fair and prompt compensation, in accordance with the Constitution and the law.

3. Payment of the compensation referred to in the preceding paragraph shall be a condition for the expropriation to take effect.

4. Movable and immovable property and shareholdings of private natural and legal persons may be subject to public appropriation, in whole or in part, where, for reasons of national interest, matters such as national security, food security, public health, the economic and financial system, or the supply of goods or the provision of essential services are at stake.5. A specific law shall regulate the regime of public appropriation under the terms of the preceding paragraph.

Article 38 (Right to Free Economic Initiative)#

1. Private economic initiative shall be free and shall be exercised with respect for the Constitution and the law.

2. Everyone shall be recognised as having the right to free business and cooperative initiative, to be exercised in accordance with the law.

3. The law shall promote, regulate and protect economic activity and investment by private natural or legal persons, both national and foreign, in order to ensure their contribution to the development of the country, defending the economic and technological emancipation of Angolans and the interests of workers.

Article 39 (Right to the Environment)#

1. Everyone shall have the right to live in a healthy and unpolluted environment, as well as the duty to defend and preserve it.

2. The State shall adopt the measures necessary for the protection of the environment and of species of flora and fauna throughout the national territory, for the maintenance of ecological balance, for the proper location of economic activities and for the rational exploitation and use of all natural resources, within the framework of sustainable development and of respect for the rights of future generations and for the preservation of the different species.

3. The law shall punish acts that endanger or harm the preservation of the environment.

Article 40 (Freedom of Expression and of Information)#

1. Everyone shall have the right freely to express, disseminate and share their thoughts, ideas and opinions, by word, image or any other means, as well as the right and the freedom to inform, to inform themselves and to be informed, without hindrance or discrimination.

2. The exercise of the rights and freedoms set out in the preceding paragraph may not be hindered or limited by any type or form of censorship.

3. Freedom of expression and freedom of information shall be limited by the rights of all to their good name, honour and reputation, to their image and to the privacy of their private and family life, by the protection of children and young people, by State secrecy, judicial secrecy and professional secrecy, and by the other guarantees of those rights, as regulated by law.

4. Offences committed in the exercise of freedom of expression and of information shall render their author subject to disciplinary, civil and criminal liability, in accordance with the law.

5. All persons, natural or legal, shall be guaranteed, in accordance with the law and under conditions of equality and effectiveness, the right of reply and of rectification, as well as the right to compensation for damage suffered.

Article 41 (Freedom of Conscience, Religion and Worship)#

1. Freedom of conscience, of religious belief and of worship shall be inviolable.

2. No one may be deprived of their rights, persecuted or exempted from obligations by reason of religious belief or of philosophical or political conviction.

3. The right to conscientious objection shall be guaranteed in accordance with the law.

4. No one may be questioned by any authority about their religious convictions or practices, except for the collection of statistical data that do not identify individuals.

Article 42 (Intellectual Property)#

1. The expression of intellectual, artistic, political, scientific and communication activity shall be free, independently of censorship or licence.

2. Authors shall have the exclusive right to use, publish or reproduce their works, which right shall be transmissible to their heirs for the period fixed by law.

3. The following shall be ensured, in accordance with the law:

(a) Protection of individual contributions to collective works and of the reproduction of the human image and voice, including in cultural, educational, political and sporting activities;

(b) The right of creators, performers and their respective trade union and associative representatives to monitor the economic exploitation of the works that they create or in which they participate.

4. The law shall ensure to the authors of industrial inventions, patents of inventions and technological processes a temporary privilege for their use, as well as protection for industrial creations, trademark ownership, company names and other distinctive signs, having regard to the social interest and the technological and economic development of the country.

Article 43 (Freedom of Cultural and Scientific Creation)#

1. Intellectual, artistic, scientific and technological creation shall be free.

2. The freedom referred to in the preceding paragraph shall include the right to invent, produce and disseminate scientific, literary or artistic works, including the legal protection of copyright.

Article 44 (Freedom of the Press)#

1. Freedom of the press shall be guaranteed and may not be subject to any prior censorship, namely of a political, ideological or artistic nature.

2. The State shall ensure pluralism of expression and shall guarantee diversity of ownership and editorial diversity of the media.

3. The State shall ensure the existence and the independent and qualitatively competitive operation of a public radio and television service.

4. The law shall establish the forms in which freedom of the press is exercised.

Article 45 (Right to Broadcasting Time, Right of Reply and Right of Political Rebuttal)#

1. During general and local elections and referendums, the contestants shall have the right to broadcasting time on public radio and television stations, according to the scope of the election or referendum, in accordance with the Constitution and the law.

2. Political parties represented in the National Assembly shall have the right of reply and of political rebuttal to statements by the Executive, as regulated by law.

Article 46 (Freedom of Residence, Movement and Emigration)#

1. Any citizen lawfully residing in Angola may freely establish residence, move about and remain in any part of the national territory, except in the cases provided for in the Constitution and where the law imposes restrictions, namely on access and stay, for the protection of the environment or of vital national interests.

2. Every citizen shall be free to emigrate, to leave the national territory and to return to it, without prejudice to the limitations arising from the fulfilment of legal duties.

Article 47 (Freedom of Assembly and of Demonstration)#

1. All citizens shall be guaranteed freedom of peaceful and unarmed assembly and demonstration, without the need for any authorisation and in accordance with the law.

2. Meetings and demonstrations in public places shall require prior notification to the competent authority, under the terms and for the purposes established by law.

Article 48 (Freedom of Association)#

1. Citizens shall have the right, freely and without requiring any administrative authorisation, to form associations, provided that these are organised on the basis of democratic principles, in accordance with the law.

2. Associations shall pursue their aims freely, without interference from public authorities, and may not be dissolved or have their activities suspended except in the cases provided for by law.

3. No one may be compelled to join an association or coerced by any means to remain in it.

4. Associations or any groupings whose aims or activities are contrary to the constitutional order, that incite or practise violence, or that promote tribalism, racism, dictatorship, fascism or xenophobia shall be prohibited, as shall associations of a military, paramilitary or militarised type.

Article 49 (Freedom of Professional and Business Association)#

1. All liberal or independent professionals and, in general, all self-employed workers shall be guaranteed freedom of professional association for the defence of their rights and interests and to regulate the professional ethics of each profession.

2. Associations of liberal or independent professionals shall be governed by the principles of democratic organisation and functioning and of independence from the State, in accordance with the law.

3. The rules of professional ethics of professional associations may not contravene the constitutional order, the fundamental rights of the human person or the law.

Article 50 (Trade Union Freedom)#

1. Workers shall be recognised as having the freedom to form trade unions for the defence of their individual and collective interests.

2. Trade unions shall be recognised as having the right to defend the rights and interests of workers and to exercise the right to social concertation, which must take due account of the fundamental rights of the human person and of communities and of the real capacities of the economy, in accordance with the law.

3. The law shall regulate the formation, membership, federation, organisation and dissolution of trade unions and shall guarantee their autonomy and independence from employers and from the State.

Article 51 (Right to Strike and Prohibition of Lockouts)#

1. Workers shall have the right to strike.

2. Lockouts shall be prohibited, and employers may not bring about the total or partial shutdown of the undertaking, the prohibition of workers' access to the workplace or similar situations as a means of influencing the resolution of labour disputes.

3. The law shall regulate the exercise of the right to strike and shall establish its limitations in services and activities considered essential and non-deferrable in order to meet imperative social needs.

Article 52 (Participation in Public Life)#

1. Every citizen shall have the right to take part in political life and in the conduct of public affairs, directly or through freely elected representatives, and to be informed about the acts of the State and the management of public affairs, in accordance with the Constitution and the law.

2. Every citizen shall have the duty to comply with and respect the laws and to obey the orders of legitimate authorities, given in accordance with the Constitution and the law and with respect for fundamental rights, freedoms and guarantees.

Article 53 (Access to Public Office)#

1. Every citizen shall have the right of access to public office, under conditions of equality and freedom, in accordance with the Constitution and the law.

2. No one may be prejudiced in their placement, employment, professional career or the social benefits to which they are entitled by reason of the exercise of political rights or the holding of public office, in accordance with the Constitution and the law.

3. With regard to access to elective office, the law may establish only such ineligibilities as are necessary to guarantee voters' freedom of choice and the impartiality and independence of the exercise of the offices concerned.

Article 54 (Right of Suffrage)#

1. Every citizen over eighteen years of age shall have the right to vote and to be elected to any elective organ of the State and of local government, and to hold the respective offices or serve the respective terms of office, in accordance with the Constitution and the law.

2. The capacity to stand for election may not be limited except by virtue of the incapacities and ineligibilities provided for in the Constitution.3. The exercise of the right of suffrage is personal and non-transferable and constitutes a duty of citizenship.

Article 55 (Freedom to Form Political Associations and Political Parties)#

1. The formation of political associations and political parties shall be free, in accordance with the Constitution and the law.

2. Every citizen shall have the right to take part in political associations and political parties, in accordance with the Constitution and the law.

Article 56 (General Guarantee by the State)#

1. The State shall recognise as inviolable the fundamental rights and freedoms enshrined in the Constitution and shall create the political, economic, social and cultural conditions, and the conditions of peace and stability, that guarantee their realisation and protection, in accordance with the Constitution and the law.

2. All public authorities shall have the duty to respect and guarantee the free exercise of fundamental rights and freedoms and compliance with constitutional and legal duties.

Article 57 (Restriction of Rights, Freedoms and Guarantees)#

1. The law may restrict rights, freedoms and guarantees only in the cases expressly provided for in the Constitution, and restrictions must be limited to what is necessary, proportionate and reasonable in a free and democratic society in order to safeguard other constitutionally protected rights or interests.

2. Laws restricting rights, freedoms and guarantees must be general and abstract in nature and may neither have retroactive effect nor diminish the extent or scope of the essential content of constitutional precepts.

Article 58 (Limitation or Suspension of Rights, Freedoms and Guarantees)#

1. The exercise of citizens' rights, freedoms and guarantees may be limited or suspended only in the event of a state of war, a state of siege or a state of emergency, in accordance with the Constitution and the law.

2. A state of war, a state of siege and a state of emergency may be declared, in all or part of the national territory, only in cases of actual or imminent aggression by foreign forces, of serious threat to or disturbance of the democratic constitutional order, or of public calamity.

3. The choice of a state of war, a state of siege or a state of emergency, as well as its declaration and implementation, must always be limited to the actions necessary and appropriate for the maintenance of public order, the protection of the general interest and respect for the principle of proportionality, and must be limited, namely as regards its extent, duration and the means employed, to what is strictly necessary for the prompt restoration of constitutional normality.

4. The declaration of a state of war, a state of siege or a state of emergency shall confer on the authorities the power to take the measures necessary and appropriate for the prompt restoration of constitutional normality.5. In no case may the declaration of a state of war, a state of siege or a state of emergency affect:

(a) The application of the constitutional rules relating to the competence and functioning of the organs of sovereignty;

(b) The rights and immunities of the members of the organs of sovereignty;

(c) The right to life, to personal integrity and to personal identity;

(d) Civil capacity and citizenship;

(e) The non-retroactivity of criminal law;

(f) The right of defendants to a defence;

(g) Freedom of conscience and of religion.6. A special law shall regulate the state of war, the state of siege and the state of emergency.

Article 59 (Prohibition of the Death Penalty)#

The death penalty shall be prohibited.

Article 60 (Prohibition of Torture and Degrading Treatment)#

No one may be subjected to torture, to forced labour, or to cruel, inhuman or degrading treatment or punishment.

Article 61 (Heinous and Violent Crimes)#

The following shall not be subject to statutory limitation and shall not be eligible for amnesty or for provisional release through the application of procedural coercive measures:

(a) Genocide and crimes against humanity as provided for by law;

(b) Crimes defined as such by law.

Article 62 (Irreversibility of Amnesties)#

The legal effects of acts of amnesty carried out under a competent law shall be deemed valid and irreversible.

Article 63 (Rights of Detainees and Prisoners)#

Every person deprived of liberty must be informed, at the time of their arrest or detention, of the reasons therefor and of their rights, namely:

(a) To be shown the arrest or detention warrant issued by a competent authority, in accordance with the law, except in cases of flagrante delicto;

(b) To be informed of the place to which they will be taken;

(c) To inform their family and lawyer of their arrest or detention and of the place to which they will be taken;

(d) To choose defence counsel to attend police and judicial proceedings;

(e) To consult a lawyer before making any statement;

(f) To remain silent and not to make statements, or to do so only in the presence of a lawyer of their choice;

(g) Not to make confessions or statements against themselves;

(h) To be brought before the competent magistrate for the arrest to be confirmed or not, and to be tried within the legal time limits or released;

(i) To communicate in a language they understand or through an interpreter.

Article 64 (Deprivation of Liberty)#

1. Deprivation of liberty shall be permitted only in the cases and under the conditions determined by law.

2. The police or other entities may detain or arrest only in the cases provided for in the Constitution and the law, in flagrante delicto or when bearing a warrant from a competent authority.

Article 65 (Application of Criminal Law)#

1. Criminal liability shall be personal and non-transferable.

2. No one may be convicted of a crime except by virtue of a prior law declaring the act or omission punishable, nor be subjected to a security measure whose preconditions are not laid down by prior law.

3. No penalties or security measures may be applied that are not expressly prescribed by prior law.

4. No one may be subjected to a penalty or security measure more severe than those provided for at the time of the corresponding conduct or of the fulfilment of the respective preconditions, and criminal laws whose content is more favourable to the defendant shall apply retroactively.

5. No one shall be tried more than once for the same act.6. Citizens who have been unjustly convicted shall have the right, under the conditions prescribed by law, to the review of the sentence and to compensation for the damage suffered.

Article 66 (Limits on Penalties and Security Measures)#

1. There may be no custodial or liberty-restricting penalties or security measures of a perpetual nature or of unlimited or indefinite duration.

2. Convicted persons on whom custodial security measures are imposed shall retain their fundamental rights, save for the limitations inherent in the meaning of the conviction and in the specific requirements of its enforcement.

Article 67 (Guarantees in Criminal Proceedings)#

1. No one may be detained, arrested or brought to trial except in accordance with the law, and all defendants or prisoners shall be guaranteed the right to a defence, to appeal and to legal representation.

2. Every citizen shall be presumed innocent until the judgment of conviction has become final.

3. Defendants shall have the right to choose defence counsel and to be assisted by that counsel in all procedural acts, and the law shall specify the cases and stages in which assistance by a lawyer is mandatory.

4. Defendants in custody shall have the right to receive visits from their lawyer, family members, friends and religious assistant and to correspond with them, without prejudice to the provisions of subparagraph (e) of Article 63 and of Article 194(3).

5. Defendants or prisoners who are unable to engage a lawyer for financial reasons must be guaranteed adequate legal aid, in accordance with the law.

6. Any convicted person shall have the right to lodge an ordinary or extraordinary appeal before the competent court against the decision given against them in criminal matters, in accordance with the law.

Article 68 (Habeas Corpus)#

1. Everyone shall have the right to apply for habeas corpus against abuse of power by reason of unlawful arrest or detention, such application to be lodged before the competent court.

2. Habeas corpus may be applied for by the person concerned or by any person in the enjoyment of their political rights.

3. A specific law shall regulate habeas corpus proceedings.

Article 69 (Habeas Data)#

1. Everyone shall have the right to have recourse to habeas data in order to obtain knowledge of the information concerning them contained in files, archives or computer records, to be informed of the purpose for which it is intended, and to demand its rectification or updating, in accordance with the law and subject to the safeguarding of State secrecy and judicial secrecy.

2. The recording and processing of data relating to citizens' political, philosophical or ideological convictions, religious faith, party or trade union membership, ethnic origin and private life for discriminatory purposes shall be prohibited.

3. Access to the personal data of third parties, as well as the transfer of personal data from one file to another belonging to a different service or institution, shall likewise be prohibited, except in the cases established by law or by judicial decision.

4. The provisions of the preceding article shall apply to habeas data, with the necessary adaptations.

Article 70 (Extradition and Expulsion)#

1. The expulsion or extradition of Angolan citizens from the national territory shall not be permitted.

2. The extradition of foreign citizens shall not be permitted on political grounds or for acts punishable by the death penalty, nor whenever there are well-founded grounds to believe that the person extradited may be subjected to torture or to inhuman or cruel treatment, or to treatment resulting in irreversible injury to physical integrity, under the law of the requesting State.

3. The Angolan courts shall, in accordance with the law, take cognisance of the acts of which citizens whose extradition is not permitted under the preceding paragraphs of this Article are accused.

4. The expulsion from the national territory of foreign citizens or stateless persons who are authorised to reside in the country or who have applied for asylum may be ordered only by judicial decision, save where the act of authorisation has been revoked, in accordance with the law.

5. The law shall regulate the requirements and conditions for the extradition and expulsion of foreigners.

Article 71 (Right of Asylum)#

1. Every foreign citizen or stateless person is guaranteed the right of asylum in the event of persecution on political grounds, namely serious threat or persecution as a result of their activity in favour of democracy, national independence, peace among peoples, freedom and the rights of the human person, in accordance with the laws in force and international instruments.

2. The law shall define the status of political refugee.

Article 72 (Right to a Fair and Lawful Trial)#

Every citizen is recognised as having the right to a fair and speedy trial in accordance with the law.

Article 73 (Right of Petition, Denunciation, Complaint and Grievance)#

Everyone has the right to submit, individually or collectively, to the organs of sovereignty or to any authorities, petitions, denunciations, complaints or grievances for the defence of their rights, of the Constitution, of the laws or of the general interest, as well as the right to be informed within a reasonable period of the outcome of their consideration.

Article 74 (Right of Popular Action)#

Any citizen, individually or through associations representing specific interests, has the right to bring legal action, in the cases and on the terms established by law, seeking the annulment of acts harmful to public health, to public, historical and cultural heritage, to the environment and quality of life, to consumer protection, to the lawfulness of the acts of the administration and to other collective interests.

Article 75 (Liability of the State and of Other Public Legal Persons)#

1. The State and other public legal persons shall be jointly and severally liable under civil law for actions and omissions committed by their organs, the respective office-holders, agents and officials, in the exercise of legislative, judicial and administrative functions, or by reason thereof, which result in the violation of rights, freedoms and guarantees or in damage to the holder thereof or to third parties.

2. The perpetrators of such actions or omissions shall be criminally and disciplinarily liable, in accordance with the law.

Article 76 (Right to Work)#

1. Work is a right and a duty of all.

2. Every worker has the right to vocational training, fair remuneration, rest, holidays, protection, hygiene and safety at work, in accordance with the law.

3. In order to ensure the right to work, it is incumbent upon the State to promote:

(a) The implementation of employment policies;

(b) Equality of opportunity in the choice of profession or type of work, and conditions ensuring that access thereto is not barred or limited by any kind of discrimination;

(c) Academic training and scientific and technological development, as well as the professional advancement of workers.

4. Dismissal without just cause is unlawful, and the employer shall be under a duty to pay fair compensation to the dismissed worker, in accordance with the law.

Article 77 (Health and Social Protection)#

1. The State shall promote and guarantee the measures necessary to ensure for all the right to medical and health care, as well as the right to assistance in childhood, maternity, invalidity, disability, old age and in any situation of incapacity for work, in accordance with the law.

2. In order to guarantee the right to medical and health care, it is incumbent upon the State to:

(a) Develop and ensure the functioning of a health service throughout the national territory;

(b) Regulate the production, distribution, trade and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis;

(c) Encourage the development of medical and surgical education and of medical and health research.

3. Private and cooperative initiative in the fields of health, welfare and social security shall be supervised by the State and shall be exercised under the conditions provided for by law.

Article 78 (Consumer Rights)#

1. Consumers have the right to the quality of goods and services, to information and clarification, to the guarantee of their products and to protection in consumer relations.

2. Consumers have the right to be protected in the manufacture and supply of goods and services harmful to health and life, and shall be compensated for any damage caused to them.

3. The advertising of consumer goods and services shall be governed by law, and all forms of concealed, indirect or misleading advertising are prohibited.

4. The law shall protect consumers and guarantee the defence of their interests.

Article 79 (Right to Education, Culture and Sport)#

1. The State shall promote access for all to literacy, education, culture and sport, encouraging the participation of the various private actors in giving effect thereto, in accordance with the law.

2. The State shall promote science and scientific and technological research.

3. Private and cooperative initiative in the fields of education, culture and sport shall be exercised under the conditions provided for by law.

Article 80 (Childhood)#

1. Children have the right to special attention from the family, society and the State, which, in close collaboration, must ensure their full protection against all forms of abandonment, discrimination, oppression, exploitation and abusive exercise of authority, within the family and in other institutions.

2. Public policies in the fields of the family, education and health must safeguard the principle of the best interests of the child, as a means of guaranteeing the child's full physical, psychological and cultural development.

3. The State shall ensure special protection for children who are orphaned, who have disabilities, who are abandoned or who are in any way deprived of a normal family environment.

4. The State shall regulate the adoption of children, promoting their integration into a healthy family environment and ensuring their integral development.

5. The employment of minors of school age is prohibited, in accordance with the law.

Article 81 (Youth)#

1. Young people shall enjoy special protection for the realisation of their economic, social and cultural rights, namely:

(a) In education, vocational training and culture;

(b) In access to first employment, at work and in social security;

(c) In access to housing;

(d) In physical education and sport;

(e) In the use of leisure time.

2. For the implementation of the provisions of the preceding paragraph, a specific law shall establish the bases for the development of youth policies.

3. Youth policy shall have as its priority objectives the development of the personality of young people, the creation of conditions for their effective integration into working life, a taste for free creativity and a sense of service to the community.

4. The State, in collaboration with families, schools, enterprises, residents' organisations, associations and foundations with cultural purposes and cultural and recreational societies, shall foster and support youth organisations in the pursuit of those objectives, as well as international youth exchange.

Article 82 (The Elderly)#

1. Elderly citizens have the right to economic security and to conditions of housing and of family and community life that respect their personal autonomy and prevent or overcome isolation and social marginalisation.

2. Policy for the elderly shall encompass measures of an economic, social and cultural nature designed to provide elderly persons with opportunities for personal fulfilment through active participation in the life of the community.

Article 83 (Citizens with Disabilities)#

1. Citizens with disabilities shall fully enjoy the rights and be subject to the duties enshrined in the Constitution, without prejudice to restrictions on the exercise or performance of those for which they are incapacitated or limited.

2. The State shall adopt a national policy for the prevention, treatment, rehabilitation and integration of citizens with disabilities, for the support of their families and for the removal of obstacles to their mobility.

3. The State shall adopt policies aimed at raising society's awareness of the duties of inclusion, respect and solidarity towards citizens with disabilities.

4. The State shall foster and support special education and technical and vocational training for citizens with disabilities.

Article 84 (Former Combatants and Veterans of the Homeland)#

1. Combatants in the struggle for national independence, veterans of the Homeland, those who became disabled in the performance of military or paramilitary service, as well as the minor children and surviving spouses of fallen combatants, shall enjoy special status and protection from the State and society, in accordance with the Constitution and the law.

2. It is incumbent upon the State to promote policies aimed at ensuring the social, economic and cultural integration of the citizens referred to in the preceding paragraph, as well as the protection, recognition and preservation of the historical deeds they accomplished.

Article 85 (Right to Housing and Quality of Life)#

Every citizen has the right to housing and to quality of life.

Article 86 (Communities Abroad)#

The State shall encourage the association of Angolans living abroad and shall promote their ties with the country, as well as economic, social, cultural, patriotic and solidarity ties with the Angolan communities settled there or with those that show some connection of origin, blood relationship, culture and history with Angola.

Article 87 (Historical, Cultural and Artistic Heritage)#

1. Citizens and communities have the right to respect for, and to the enhancement and preservation of, their cultural, linguistic and artistic identity.

2. The State shall promote and encourage the conservation and enhancement of the historical, cultural and artistic heritage of the Angolan people.

Article 88 (Duty to Contribute)#

Everyone has the duty to contribute to public and social expenditure, according to their economic capacity and the benefits they receive, through taxes and fees, on the basis of a fair tax system and in accordance with the law.

Article 89 (Fundamental Principles)#

1. The organisation and regulation of economic activities shall be based on the general guarantee of economic rights and freedoms in general, on the valuing of work, on human dignity and on social justice, in accordance with the following fundamental principles:

(a) The role of the State as regulator of the economy and coordinator of harmonious national economic development, in accordance with the Constitution and the law;

(b) Free economic and business initiative, to be exercised in accordance with the law;

(c) A market economy, based on the principles and values of fair competition, morality and ethics, as provided for and ensured by law;

(d) Respect for and protection of private property and private initiative;

(e) The social function of property;

(f) The reduction of regional asymmetries and social inequalities;

(g) Social concertation;

(h) Protection of the consumer and of the environment. 2. The forms and regime of State intervention shall be regulated by law.

Article 90 (Social Justice)#

The State shall promote social development through:

(a) The adoption of wealth redistribution criteria that favour citizens and in particular the most vulnerable and needy social strata of society;

(b) The promotion of social justice, as a responsibility of the State, through a fiscal policy that ensures justice, equity and solidarity in all areas of national life;

(c) The fostering, support and regulation of the involvement of the private sector in the realisation of social rights;

(d) The removal of obstacles of an economic, social and cultural nature that prevent real equality of opportunity among citizens;

(e) The enjoyment by all citizens of the benefits resulting from the collective effort of development, namely in the quantitative and qualitative improvement of their standard of living.

Article 91 (Planning)#

1. The State shall coordinate, regulate and foster national development on the basis of a planning system, in accordance with the Constitution and the law and without prejudice to the provisions of Article 14 of this Constitution.

2. The purpose of planning is to promote the sustained and harmonious development of the country, ensuring the fair distribution of national income, the preservation of the environment and the quality of life of citizens.

3. The law shall define and regulate the national planning system.

Article 92 (Economic Sectors)#

1. The State shall guarantee the coexistence of the public, private and cooperative sectors, ensuring treatment and protection for all, in accordance with the law.

2. The State shall recognise and protect the right of rural communities to the use and enjoyment of means of production, in accordance with the Constitution, the law and customary rules.

Article 93 (Public Reserves)#

1. The exercise of the activities of central bank and bank of issue shall constitute an absolute reserve of the State.

2. The law shall determine and regulate the economic activities that constitute a relative reserve of the State, as well as the conditions of access to other economic activities.

Article 94 (State Property)#

The property of the State and of other legal persons governed by public law shall form part of the public domain or of the private domain, in accordance with the Constitution and the law.

Article 95 (Public Domain)#

1. The following shall be property in the public domain:

(a) Internal waters, the territorial sea and the adjacent seabed, as well as lakes, lagoons and river watercourses, including their respective beds;

(b) The biological and non-biological resources existing in the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf;

(c) National airspace;

(d) Mineral deposits, mineral-medicinal water springs, natural underground cavities and other natural resources existing in the soil and subsoil, with the exception of rocks, common earths and other materials habitually used as raw materials in civil construction;

(e) Public roads and ways, ports, airports and public bridges and railways;

(f) Beaches and the maritime-terrestrial zone;

(g) Territorial areas reserved for the protection of the environment, namely parks and nature reserves for the preservation of wild flora and fauna, including their infrastructure;

(h) Territorial areas reserved for ports and airports, classified as such by law;

(i) Territorial areas reserved for military defence;

(j) Monuments and immovable property of national interest, classified as such and incorporated into the public domain, in accordance with the law;

(k) Other property determined by law or recognised by international law.

2. Property in the public domain shall be inalienable, imprescriptible and exempt from attachment.

3. The law shall regulate the legal regime of property in the public domain and shall define which property forms part of the public domain of the State and which forms part of that of legal persons governed by public law, the regime and forms of concession, as well as the regime for the declassification of such property.

Article 96 (Private Domain)#

Property which is not expressly provided for in the Constitution and the law as forming part of the public domain of the State and of other legal persons governed by public law shall form part of the private domain of the State and shall be subject to the regime of private law or to a special regime, its administration being regulated by law.

Article 97 (Irreversibility of Nationalisations and Confiscations)#

All legal effects of acts of nationalisation and confiscation carried out under the competent law shall be considered valid and irreversible, without prejudice to the provisions of specific legislation on reprivatisations.

Article 98 (Land Rights)#

1. Land is the original property of the State and forms part of its private domain, with a view to the granting and protection of land rights to natural or legal persons and to rural communities, in accordance with the Constitution and the law, without prejudice to the provisions of paragraph 3 of this Article.

2. The State shall recognise and guarantee the right of private ownership of land, established in accordance with the law.

3. The granting by the State of private land ownership, as well as its transfer, shall be permitted only to national citizens, in accordance with the law.

Article 99 (Financial System)#

1. The Financial System shall be organised so as to guarantee the formation, raising, capitalisation and security of savings, as well as the mobilisation and application of the financial resources necessary for economic and social development, in accordance with the Constitution and the law.

2. The organisation, operation and supervision of financial institutions shall be regulated by law.

Article 100 (National Bank of Angola)#

1. The National Bank of Angola is the Central and Issuing Bank of the Republic of Angola and its principal mission is to guarantee price stability so as to preserve the value of the national currency and to ensure the stability of the financial system, in accordance with the Constitution and the law.

2. The National Bank of Angola is the monetary and foreign exchange authority, and shall pursue its functions and exercise its powers independently, in accordance with the Constitution and the law.

3. The Governor of the National Bank of Angola shall be appointed by the President of the Republic, after a hearing in the National Assembly, in accordance with the Constitution and the law, the following procedure being observed for that purpose:

(a) The hearing of the candidate shall be initiated at the request of the President of the Republic;

(b) The hearing of the proposed candidate shall end with a vote on the report and opinion, in accordance with the law;

(c) The final decision on the appointment of the proposed candidate shall rest with the President of the Republic.

4. The Deputy Governors of the National Bank of Angola shall be appointed by the President of the Republic, on the proposal of the Governor of the National Bank of Angola.

5. The Governor of the National Bank of Angola shall submit annually to the President of the Republic and to the National Assembly a report on the evolution of monetary and foreign exchange policy indicators, without prejudice to the rules on banking secrecy, the handling of which, for the purposes of control and oversight by the National Assembly, shall be ensured in accordance with the Constitution and the law.

Article 101 (Tax System)#

The Tax System aims to satisfy the financial needs of the State and of other public entities, to ensure the implementation of the economic and social policy of the State and to bring about a fair distribution of income and of national wealth.

Article 102 (Taxes)#

1. Taxes may be created only by law, which shall determine their incidence, rate, tax benefits and the guarantees of taxpayers.

2. Tax rules shall not have retroactive effect, save those of a punitive nature where they are more favourable to taxpayers.

3. The creation of taxes of which the organs of local government are the tax creditors, as well as the power to collect them, shall be determined by law.

Article 103 (Special Contributions)#

1. The creation, modification and abolition of special contributions due for the provision of public services, for the use of the public domain and in other cases provided for by law must be set out in a law regulating their legal regime.

2. Social security contributions, the consideration due for activities or services provided by public entities or bodies under rules of private law, as well as other contributions provided for by law, shall be governed by specific legislation.

Article 104 (General State Budget)#

1. The General State Budget constitutes the consolidated annual or multi-annual financial plan of the State and must reflect the objectives, targets and actions contained in the national planning instruments.

2. The General State Budget is unitary, estimates the level of revenue to be obtained and sets the limits of authorised expenditure, in each fiscal year, for all services, public institutes, autonomous funds and social security, and must be drawn up in such a way that all expenditure provided for therein is financed.

3. The General State Budget shall set out the forecast of funds to be transferred to the local authorities, in accordance with the law.

4. The law shall define the rules for the preparation, submission, adoption, execution, supervision and control of the General State Budget.

5. The execution of the General State Budget shall observe the principles of transparency, good governance and accountability and shall be overseen by the National Assembly and the Court of Auditors, in accordance with the Constitution and the law.

Article 105 (Organs of Sovereignty)#

1. The organs of sovereignty are the President of the Republic, the National Assembly and the Courts.

2. The formation, composition, competence and functioning of the organs of sovereignty shall be as defined in the Constitution.

3. The organs of sovereignty shall respect the separation and interdependence of functions established in the Constitution.

Article 106 (Designation of the President of the Republic and of the Members of the National Assembly)#

The President of the Republic and the Members of the National Assembly shall be elected by universal, direct, secret and periodic suffrage, in accordance with the Constitution and the law.

Article 107 (Independent Electoral Administration)#

Electoral processes shall be organised by Independent Electoral Administration Bodies, whose principles, mandate, structure, composition, functioning, responsibilities and powers shall be defined by law.

Article 107-A (Electoral Registration)#

1. Electoral registration shall be ex officio, compulsory and permanent, and shall be carried out by the competent bodies of the Direct Administration of the State, without prejudice to the possible participation of other bodies of the Public Administration, in accordance with the law.

2. Outside the country, electoral registration shall be updated in person, before each election, at the diplomatic and consular missions of the Republic of Angola, in accordance with the Constitution and the law.

Article 108 (Head of State and Executive Power)#

1. The President of the Republic is the Head of State, the Holder of Executive Power and the Commander-in-Chief of the Angolan Armed Forces.

2. The President of the Republic shall exercise Executive Power, assisted by a Vice-President, Ministers of State and Ministers.

3. Ministers of State and Ministers shall be assisted by Secretaries of State and/or Deputy Ministers, if any.

4. The President of the Republic shall promote and ensure national unity, the independence and territorial integrity of the country, and shall represent the Nation domestically and internationally.

5. The President of the Republic shall respect and defend the Constitution, ensure compliance with the laws and with international agreements and treaties, and promote and guarantee the regular functioning of the organs of the State.

Article 109 (Election)#

1. The person heading the national constituency list of the political party or coalition of political parties that receives the most votes in the general elections, held under Article 143 et seq. of this Constitution, shall be elected President of the Republic and Head of the Executive.

2. The head of the list shall be identified to voters on the ballot paper.

Article 110 (Eligibility, Ineligibility and Impediments)#

1. Angolan citizens by origin, aged at least thirty-five years, who have habitually resided in the country for at least 10 years and who are in full enjoyment of their civil and political rights and of physical and mental capacity, shall be eligible for the office of President of the Republic.

2. The following shall be ineligible for the office of President of the Republic:

(a) Citizens who hold any acquired nationality;

(b) Former Presidents of the Republic who have served 2 terms of office;

(c) Presidents of the Republic who have been removed from office, have resigned or have abandoned office;

(d) Presidents of the Republic who have dismissed themselves during their second term of office;

(e) Citizens who have been sentenced to imprisonment for more than 3 years;

(f) Persons who are legally incapacitated.

3. The following are barred from standing for the office of President of the Republic while in active service:

(a) Judicial magistrates and magistrates of the Public Prosecution Service, at all levels and in all jurisdictions;

(b) Judges of the Constitutional Court and of the Court of Auditors;

(c) The Ombudsman and the Deputy Ombudsman;

(d) Members of the Independent Electoral Administration Bodies;

(e) Military personnel and members of militarised forces.

Article 111 (Candidacies)#

1. Candidacies for President of the Republic shall be proposed by political parties or coalitions of political parties.

2. The candidacies referred to in the preceding paragraph may include citizens who are not members of the competing political party or coalition of political parties.

Article 112 (Date of the Election)#

1. General elections must be called no later than ninety days before the end of the term of office of the President of the Republic and of the Members of the National Assembly in office.

2. Without prejudice to Article 128(2) and Article 132(3), general elections shall preferably be held during the second half of August of the year in which the terms of office of the President of the Republic and of the Members of the National Assembly end, it being for the President of the Republic to set that date, in accordance with the Constitution and the law.

Article 113 (Term of Office)#

1. The term of office of the President of the Republic shall be five years, beginning with his or her investiture and ending with the investiture of the newly elected President.

2. Each citizen may serve up to 2 terms of office as President of the Republic.

Article 114 (Investiture)#

1. The elected President of the Republic shall be sworn in by the President of the Constitutional Court.

2. The investiture shall take place within fifteen days of the official publication of the final election results.

3. Election to the office of President of the Republic shall constitute a justified ground for postponing the taking up of a parliamentary seat.

Article 115 (Oath)#

At the act of investiture, the elected President of the Republic, with the right hand placed upon the Constitution of the Republic of Angola, shall take the following oath:

I, (full name), upon taking office as President of the Republic, swear on my honour:

To perform with complete dedication the functions with which I am invested;

To comply with and enforce the Constitution of the Republic of Angola and the laws of the country;

To defend the independence, the sovereignty and the unity of the Nation and the territorial integrity of the country;

To defend peace and democracy and to promote the stability, well-being and social progress of all Angolans.

Article 116 (Resignation from Office)#

The President of the Republic may resign from office by means of a message addressed to the National Assembly, with notice to the Constitutional Court.

Article 116-A (Management of the Executive Function at the End of the Term of Office)#

1. In the period between the electoral campaign and the investiture of the elected President of the Republic, the incumbent President of the Republic shall be responsible for the day-to-day management of the executive function and may not perform acts that constrain or bind the exercise of governmental activity by the elected President of the Republic.

2. Without prejudice to the preceding paragraph, where there is duly substantiated need and urgency, the incumbent President of the Republic may perform acts that are not of mere day-to-day management, in accordance with the Constitution.

3. A specific law shall establish the period, manner and conditions for the transition between the outgoing President of the Republic and the elected President of the Republic.

Article 117 (Reserve of the Constitution)#

The powers of the President of the Republic are those defined by this Constitution.

Article 118 (Message to the Nation)#

At the opening of the parliamentary year, the President of the Republic shall address to the country, in the National Assembly, a message on the State of the Nation and on the policies advocated for resolving the main issues, promoting the well-being of Angolans and developing the country.

Article 119 (Powers as Head of State)#

The President of the Republic, as Head of State, shall have the power to:

(a) Call general elections and local authority elections, under the terms established in the Constitution and the law;

(b) Address messages to the National Assembly;

(c) Request the Constitutional Court to conduct prior and subsequent review of the constitutionality of normative acts and international treaties, as well as of unconstitutional omissions, as provided for in the Constitution;

(d) Appoint and dismiss the Ministers of State, the Ministers, the Secretaries of State and the Deputy Ministers;

(e) Appoint the Judge President of the Constitutional Court and the other Judges of that Court;

(f) Appoint the Judge President of the Supreme Court, the Judge Vice-President and the other Judges of that Court, on the proposal of the Superior Council of the Judiciary;

(g) Appoint the Judge President of the Court of Auditors, the Judge Vice-President and the other Judges of that Court, in accordance with the Constitution;

(h) Appoint the Judge President, the Judge Vice-President and the other Judges of the Supreme Military Court;

(i) Appoint and dismiss the Attorney General of the Republic, the Deputy Attorneys General of the Republic and the Assistant Attorneys General of the Republic, as well as the Military Prosecutors at the Supreme Military Court, on the proposal of the Superior Council of the Public Prosecution Service;

(j) Appoint and dismiss the Governor and the Deputy Governors of the National Bank of Angola, in accordance with the Constitution and the law;

(k) Appoint and dismiss the Provincial Governors and Deputy Provincial Governors;

(l) Call referendums, in accordance with the Constitution and the law;

(m) Declare a state of war and make peace, after hearing the National Assembly;

(n) Grant pardons and commute sentences;

(o) Declare a state of siege, after hearing the National Assembly;

(p) Declare a state of emergency, after hearing the National Assembly;

(q) Confer decorations and honorary titles, in accordance with the law;

(r) Promulgate the Constitution, constitutional revision laws and other laws;

(s) Preside over the Council of the Republic;

(t) Appoint the members of the Superior Councils of the Magistracies, as provided for by the Constitution;

(u) Designate the members of the Council of the Republic and of the National Security Council;

(v) Exercise the other powers established by the Constitution.

Article 120 (Powers as Holder of Executive Power)#

The President of the Republic, as Holder of Executive Power, shall have the power to:

(a) Define the political direction of the country, in accordance with the Constitution;

(b) Define the general policy of governance of the country and of the Public Administration;

(c) Submit the draft General State Budget to the National Assembly;

(d) Direct the services and activity of the Direct Administration of the State, civil and military, superintend the Indirect Administration, exercise oversight of legality over the Autonomous Administration and adopt mechanisms of cooperation with the Independent Administration;

(e) Define the organisational structure and establish the composition of the Executive Power;

(f) Establish the number and designation of the Ministers of State, Ministers, Secretaries of State and Deputy Ministers;

(g) Define the organisational structure of the Ministries and approve the Rules of Procedure of the Council of Ministers;

(h) Request legislative authorisation from the National Assembly;

(i) Issue legislative acts authorised by the National Assembly;

(j) Exercise legislative initiative, by means of bills submitted to the National Assembly;

(k) Convene and preside over the meetings of the Council of Ministers and set its agenda;

(l) Direct and guide the action of the Vice-President, the Ministers of State and Ministers and the Provincial Governors;

(m) Draw up the regulations necessary for the proper implementation of laws.

Article 121 (Powers in International Relations)#

The President of the Republic, in the field of International Relations, shall have the power to:

(a) Define and direct the implementation of the foreign policy of the State;

(b) Represent the State;

(c) Sign and ratify, as the case may be, once approved, treaties, conventions, agreements and other international instruments;

(d) Appoint and dismiss Ambassadors and designate envoys extraordinary;

(e) Accredit foreign diplomatic representatives.

Article 122 (Powers as Commander-in-Chief)#

The President of the Republic, as Commander-in-Chief of the Angolan Armed Forces, shall have the power to:

(a) Exercise the functions of Commander-in-Chief of the Angolan Armed Forces;

(b) Assume the supreme direction of the Angolan Armed Forces in the event of war;

(c) Appoint and dismiss the Chief of the General Staff of the Angolan Armed Forces and the Deputy Chief of the General Staff of the Armed Forces, after hearing the National Security Council;

(d) Appoint and dismiss the holders of the other command and leadership posts of the Armed Forces, after hearing the National Security Council;

(e) Promote and confer rank upon, as well as demote and withdraw rank from, the General Officers of the Angolan Armed Forces, after hearing the National Security Council;

(f) Appoint and dismiss the Commander-General of the National Police and the Second Commanders of the National Police, after hearing the National Security Council;

(g) Appoint and dismiss the holders of the other command and leadership posts of the National Police, after hearing the National Security Council;

(h) Promote and confer rank upon, as well as demote and withdraw rank from, the Commissioner Officers of the National Police, after hearing the National Security Council;

(i) Appoint and dismiss the heads, deputy heads and directors of the State Intelligence and Security Bodies, after hearing the National Security Council;

(j) Confer military and police decorations and honorary titles.

Article 123 (Powers in Matters of National Security)#

The President of the Republic, in matters of national security, shall have the power to:

(a) Define the national security policy and direct its implementation;

(b) Determine, guide and decide on the strategy for national security action;

(c) Approve the operational planning of the National Security System and decide on the strategy for the deployment and use of the Angolan Armed Forces, the National Police and other internal protection bodies and the State Intelligence and Security Bodies;

(d) Convene and preside over the National Security Council;

(e) Promote the loyalty of the Angolan Armed Forces, the National Police and the State Intelligence and Security Bodies to the Constitution and to the democratic institutions.

Article 124 (Promulgation of Laws of the National Assembly)#

1. The President of the Republic shall promulgate the laws of the National Assembly within thirty days of their receipt.

2. Before this period expires, the President of the Republic may, on reasoned grounds, request the National Assembly to reconsider the enactment or some of its provisions.

3. If, following such reconsideration, a 2/3 majority of the Members of the National Assembly vote in favour of approving the enactment, the President of the Republic must promulgate the enactment within fifteen days of its receipt.

4. Before the periods provided for in the preceding paragraphs expire, the President of the Republic may request the Constitutional Court to conduct a prior review of the constitutionality of the laws of the National Assembly.

Article 125 (Form of Acts)#

1. In the exercise of his or her powers, the President of the Republic shall issue Presidential Legislative Decrees, Provisional Presidential Legislative Decrees, Presidential Decrees and Presidential Orders, which shall be published in the Official Gazette.

2. The acts of the President of the Republic referred to in subparagraphs (e) and (i) of Article 120 shall take the form of a Presidential Legislative Decree.

3. The acts of the President of the Republic referred to in Article 126 shall take the form of a Provisional Presidential Legislative Decree.

4. The acts of the President of the Republic referred to in subparagraphs (a), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (t) and (u) of Article 119, subparagraphs (g) and (m) of Article 120, subparagraph (d) of Article 121 and subparagraphs (c), (d), (e), (f), (g), (h), (i) and (j) of Article 122, all of the Constitution, shall take the form of a Presidential Decree.

5. The acts of the President of the Republic arising from his or her powers as Commander-in-Chief of the Armed Forces and not provided for in the preceding paragraphs shall take the form of Directives, Instructions, Commands and Orders of the Commander-in-Chief.

6. The administrative acts of the President of the Republic shall take the form of a Presidential Order.

Article 126 (Provisional Presidential Legislative Decrees)#

1. The President of the Republic may issue Provisional Presidential Legislative Decrees whenever, for reasons of urgency and relevance, such a measure proves necessary for the defence of the public interest, and must submit them immediately to the National Assembly, which may convert them into law, with or without amendments, or reject them.

2. Provisional Presidential Legislative Decrees shall have the force of law.

3. Provisional Presidential Legislative Decrees may not be approved on:

(a) Matters within the absolute legislative reserve of the National Assembly;

(b) The General State Budget.

4. Nor may Provisional Presidential Legislative Decrees be approved on matters that are the subject of laws approved by the National Assembly which are awaiting promulgation.

5. Provisional Presidential Legislative Decrees shall be issued for periods of sixty days, at the end of which they shall cease to have effect, unless they are converted into law by the National Assembly.

6. The period referred to in the preceding paragraph shall be counted from the publication of the Provisional Presidential Legislative Decree in the Official Gazette.

7. Provisional Presidential Legislative Decrees may be extended for an equal period of time if the National Assembly has not concluded its consideration of them within the first sixty days.8. Provisional Presidential Legislative Decrees that have been rejected by the National Assembly or that have ceased to have effect through lapse of time may not be reissued in the same legislative session.

Article 127 (Criminal Liability)#

1. The President of the Republic shall not be liable for acts performed in the exercise of his or her functions, except in the case of bribery, treason against the Homeland and the commission of crimes defined by this Constitution as imprescriptible and not subject to amnesty.

2. Conviction shall entail removal from office and ineligibility to stand for another term of office.

3. For crimes unrelated to the exercise of his or her functions, the President of the Republic shall answer before the Supreme Court five years after the end of his or her term of office.

Article 128 (Political Self-Dismissal of the President of the Republic)#

1. In the event of serious disturbance or irreconcilable crisis in the institutional relationship with the National Assembly, the President of the Republic may dismiss himself or herself, by means of a message addressed to the National Assembly, with notice to the Constitutional Court.

2. The self-dismissal of the President of the Republic under the preceding paragraph shall entail the dissolution of the National Assembly and the calling of early general elections, which must take place within ninety days.

3. A President of the Republic who has tendered a self-dismissal under this Article shall remain in office, for the performance of acts of mere day-to-day management, until the investiture of the President of the Republic elected in the subsequent elections.

4. Self-dismissal shall not produce the effects of the resignation referred to in Article 116 of this Constitution and may not be relied upon to avoid removal proceedings under the following Article.

Article 129 (Removal of the President of the Republic from Office)#

1. The President of the Republic may be removed from office in the following situations:

(a) For the crime of treason against the Homeland and espionage;

(b) For crimes of bribery, embezzlement and corruption;

(c) For permanent physical and mental incapacity to continue to hold office;

(d) For holding any acquired nationality;

(e) For heinous and violent crimes, as defined in this Constitution.

2. The President of the Republic may also be removed from office for the crime of violating the Constitution in a manner that seriously undermines:

(a) The democratic State based on the rule of law;

(b) The security of the State;

(c) The regular functioning of the institutions.

3. The Supreme Court shall have jurisdiction to hear and decide the criminal proceedings referred to in subparagraphs (a), (b) and (e) of paragraph 1 of this Article brought against the President of the Republic.

4. The Constitutional Court shall have jurisdiction to hear and decide the proceedings for removal of the President of the Republic referred to in subparagraphs (c) and (d) of paragraph 1, as well as in paragraph 2, of this Article.

5. The criminal liability proceedings and the proceedings for removal of the President of the Republic referred to in the preceding paragraphs shall be subject to the following:

(a) The initiation of proceedings must be duly substantiated and is the responsibility of the National Assembly;

(b) The motion to initiate proceedings shall be submitted by one third of the Members of the National Assembly in office;

(c) The resolution shall be approved by a 2/3 majority of the Members of the National Assembly in office, after which the respective communication or petition for proceedings must be sent to the Supreme Court or to the Constitutional Court, as the case may be.

6. These proceedings shall have absolute priority over all others and must be heard and decided within a maximum period of one hundred and twenty days from receipt of the relevant petition.

Article 130 (Vacancy)#

1. The office of President of the Republic shall become vacant in the following situations:

(a) Resignation from office, under Article 116;

(b) Death;

(c) Removal from office;

(d) Permanent physical or mental incapacity;

(e) Abandonment of office.

2. The vacancy shall be verified and declared by the Constitutional Court, in accordance with the Constitution and the law.

Article 131 (Vice-President)#

1. The Vice-President is an Auxiliary Organ of the President of the Republic in the exercise of the executive function.

2. Candidate No. 2 on the national constituency list of the political party or coalition of political parties that receives the most votes in the general elections, held under Article 143 et seq. of the Constitution, shall be elected Vice-President of the Republic.

3. The Vice-President shall substitute for the President of the Republic during his or her absences abroad, when he or she is unable to perform his or her functions and in situations of temporary impediment, and shall in such cases assume the day-to-day management of the executive function.

4. The provisions of Articles 110, 111, 113, 114, 115, 116, 127, 129, 130, 132 and 137 of this Constitution shall apply to the Vice-President, with the necessary adaptations, the message referred to in Article 116 being replaced by a letter addressed to the President of the Republic.

Article 132 (Substitution of the President of the Republic)#

1. In the event of a vacancy in the office of the elected President of the Republic, the functions shall be assumed by the Vice-President until the end of the term of office, with full powers, and this period shall not be considered, for any purpose, as the serving of a presidential term.

2. [Repealed].

3. In the event of simultaneous permanent impediment of the President of the Republic and the Vice-President, the President of the National Assembly shall assume the functions of President of the Republic until new general elections are held, which must take place within one hundred and twenty days of the verification of the impediment.

4. In the event of permanent impediment of the elected President of the Republic before investiture, he or she shall be replaced by the elected Vice-President, which shall count, for all legal purposes, as a presidential term.

5. In the event of simultaneous permanent impediment of the elected President of the Republic and Vice-President before investiture, it shall be for the political party or coalition of political parties on whose list the impeded President and Vice-President were elected to designate their substitutes, from among the Members of the National Assembly elected for the national constituency on the same list, for investiture.

6. The Constitutional Court shall have jurisdiction to verify the cases of permanent impediment provided for in this Constitution and to approve the designation referred to in the preceding paragraph.

Article 132-A (Substitution of the Vice-President of the Republic)#

1. In the event of a vacancy in the office of Vice-President of the Republic, due to permanent impediment or to the situation provided for in paragraph 1 of the preceding Article, it shall be for the political party or coalition of political parties on whose list the Vice-President of the Republic was elected to designate his or her substitute, from among the Members of the National Assembly elected for the national electoral constituency on the same list, for investiture, after hearing the incumbent President of the Republic.

2. In the event of permanent impediment of the elected Vice-President before investiture, it shall be for the political party or coalition of political parties on whose list he or she was elected to designate his or her substitute, from among those elected for the national electoral constituency on the same list, for investiture, after hearing the elected President of the Republic.

3. The Constitutional Court shall have jurisdiction to verify the vacancy and the permanent impediment and to approve the designation of the substitute referred to in this Article.

Article 133 (Status of Former Presidents of the Republic)#

1. Former Presidents of the Republic shall enjoy the immunities provided for in the Constitution for members of the Council of the Republic.

2. In the national interest of dignifying the presidential office, former Presidents of the Republic shall have the following rights:

(a) Official residence;

(b) Personal escort;

(c) Official protocol vehicle;

(d) Administrative support staff;

(e) Others provided for by law.

3. The status provided for in this Article shall not apply to former Presidents of the Republic who have been removed from office on grounds of criminal liability, under this Constitution.

Article 134 (Council of Ministers)#

1. The Council of Ministers is an Auxiliary Organ of the President of the Republic in the formulation and implementation of the general policy of the country and of the Public Administration.

2. The Council of Ministers shall be chaired by the President of the Republic and shall be composed of the Vice-President, the Ministers of State and the Ministers.

3. Secretaries of State and Deputy Ministers may be invited to take part in the meetings of the Council of Ministers.

4. The Council of Ministers shall have the power to give its opinion on:

(a) Governance policy and its implementation;

(b) Bills to be submitted to the National Assembly for approval;

(c) Legislative acts of the President of the Republic;

(d) National planning instruments;

(e) Regulations of the President of the Republic necessary for the proper implementation of laws;

(f) International agreements whose approval falls within the powers of the President of the Republic;

(g) The adoption of general measures for the implementation of the governance programme of the President of the Republic;

(h) Other matters submitted to it for consideration by the President of the Republic.

5. The Rules of Procedure of the Council of Ministers shall be approved by Presidential Decree.

Article 135 (Council of the Republic)#

1. The Council of the Republic is the collegiate consultative body of the Head of State.

2. The Council of the Republic shall be chaired by the President of the Republic and composed of the following members:

(a) The Vice-President of the Republic;

(b) The President of the National Assembly;

(c) [Repealed];

(d) The Attorney General of the Republic;

(e) Former Presidents of the Republic who have not been removed from office;

(f) The Presidents of the Political Parties and of the Coalitions of Political Parties represented in the National Assembly;

(g) Fifteen citizens appointed by the President of the Republic for a period corresponding to the duration of the President's term of office, without prejudice to the possibility of replacement at any time.

3. Depending on the items placed on the agenda, the President of the Republic may invite other entities to take part in the meeting of the Council of the Republic.

4. The members of the Council of the Republic shall enjoy the immunities conferred on Members of the National Assembly, in accordance with this Constitution.

5. The Rules of Procedure of the Council of the Republic shall be approved by Presidential Decree.

Article 136 (National Security Council)#

1. The National Security Council is the consultative body of the President of the Republic on matters relating to the conduct of national security policy and strategy, as well as to the organisation, functioning and discipline of the armed forces, the national police and the other bodies guaranteeing the constitutional order and, in particular, of the Intelligence and State Security Bodies.

2. The National Security Council shall be chaired by the President of the Republic and composed of the following members:

(a) The Vice-President of the Republic;

(b) The President of the National Assembly;

(c) The President of the Constitutional Court;

(d) The President of the Supreme Court;

(e) The Attorney General of the Republic;

(f) Ministers of State and Ministers designated by the President of the Republic;

(g) Other entities designated by the President of the Republic.

3. The organisation and functioning of the National Security Council shall be laid down by Presidential Decree.

Article 137 (Acts of Ministers of State and Ministers)#

In the exercise of powers delegated by the President of the Republic, Ministers of State and Ministers shall issue Executive Decrees and Orders, which shall be published in the Official Gazette.

Article 138 (Incompatibilities)#

1. The offices of Minister of State, Minister, Secretary of State and Deputy Minister are incompatible with the mandate of Member of the National Assembly and with the exercise of the functions of a judicial magistrate or of a magistrate of the Public Prosecution Service.

2. The offices of Minister of State, Minister, Secretary of State and Deputy Minister are further incompatible with any of the following activities:

(a) Paid employment in any public or private institution, except in teaching or scientific research;

(b) The performance of administrative or management functions, or of any corporate office, in commercial companies and other institutions pursuing purposes of an economic nature;

(c) The practice of liberal professions.

Article 139 (Political Accountability)#

The Vice-President, the Ministers of State and the Ministers are politically and institutionally accountable to the President of the Republic.

Article 140 (Criminal Liability)#

1. Ministers of State, Ministers, Secretaries of State and Deputy Ministers shall answer before the Supreme Court for crimes committed both in and outside the exercise of their functions.

2. Ministers of State, Ministers, Secretaries of State and Deputy Ministers may only be imprisoned after being formally charged where the offence is punishable by a prison sentence of more than 2 years, except in flagrante delicto for an intentional crime punishable by a prison sentence of more than 2 years.

Article 141 (Definition)#

1. The National Assembly is the Parliament of the Republic of Angola.

2. The National Assembly is a unicameral body, representative of all Angolans, which expresses the sovereign will of the people and exercises the Legislative Power of the State.

Article 142 (Composition)#

The National Assembly is composed of Members elected in accordance with the Constitution and the law.

Article 143 (Electoral System)#

1. Members of the National Assembly are elected by universal, free, equal, direct, secret and periodic suffrage by national citizens over eighteen years of age residing in the country or abroad.

2. Members of the National Assembly are elected under the system of proportional representation, for a term of five years, in accordance with the law.

Article 144 (Electoral Constituencies)#

1. Members of the National Assembly are elected by electoral constituencies, there being one national electoral constituency and electoral constituencies corresponding to each of the provinces.

2. For the election of Members of the National Assembly by electoral constituency, the following criterion is established:

(a) One hundred and thirty Members of the National Assembly are elected at national level, taking into account, for this purpose, all the votes validly cast in the country and abroad;

(b) Five Members of the National Assembly are elected in each province, which constitutes, for that purpose, a provincial electoral constituency.

Article 145 (Ineligibility and Impediments)#

1. The following citizens are ineligible for election as Members of the National Assembly:

(a) Those who have been sentenced to a penalty of more than 3 years;

(b) Those who have renounced the mandate of Member of the National Assembly;

(c) Those who are legally incapacitated.

2. The following may not stand as candidates for Member of the National Assembly while in active service:

(a) Judicial magistrates and magistrates of the Public Prosecution Service at all levels;

(b) Judges of the Constitutional Court and of the Court of Auditors;

(c) The Ombudsman and the Deputy Ombudsman;

(d) Members of the Bodies of the Independent Electoral Administration;

(e) Military personnel and members of militarised forces. 3. Citizens who have acquired Angolan nationality shall only be eligible once seven years have elapsed from the date of acquisition.

Article 146 (Candidacies)#

1. Candidacies shall be submitted by political parties, either individually or in coalition, and the lists may include citizens who are not members of the respective parties, in accordance with the law.

2. Candidacies must be endorsed by 5000 to 5500 voters for the national constituency and by 500 to 550 voters for each provincial constituency.

Article 147 (Nature of the Mandate)#

Members of the National Assembly represent the whole people and not only the electoral constituencies for which they were elected.

Article 148 (Beginning and End of the Mandate)#

1. The mandate of Members of the National Assembly shall begin with the taking of office and the holding of the first constituent meeting of the National Assembly after the elections and shall end with the first meeting after the subsequent elections, without prejudice to individual suspension or termination.

2. The filling of vacancies in the National Assembly, as well as the suspension, replacement, renunciation and loss of the mandate, shall be governed by the Constitution and the law.

Article 149 (Incompatibilities)#

1. The mandate of Member of the National Assembly is incompatible with the exercise of the function of:

(a) President and Vice-President of the Republic;

(b) Minister of State, Minister, Secretary of State and Deputy Minister;

(c) Ambassador;

(d) Judicial magistrate and magistrate of the Public Prosecution Service;

(e) Ombudsman and Deputy Ombudsman;

(f) Member of the Superior Council of the Judiciary and of the Superior Council of the Public Prosecution Service;

(g) Provincial Governor, Deputy Provincial Governor and other holders of the Bodies of Local State Administration;

(h) Holders of the Bodies of Local Authorities;

(i) Member of the management, administrative and supervisory bodies of public enterprises, public institutes and public associations.

2. The mandate of Member of the National Assembly is likewise incompatible with:

(a) The performance of remunerated public functions in Bodies of the Direct or Indirect Administration of the State;

(b) The performance of administrative or management functions, or of any corporate office, in commercial companies and other institutions pursuing profit-making purposes;

(c) Subordinate employment relationships with foreign companies or international organisations;

(d) The performance of functions that prevent active participation in the activities of the National Assembly, except the functions of party leader, teaching or others recognised as such by the National Assembly;

(e) The occurrence of situations of ineligibility arising after the election;

(f) The performance of other functions deemed by law to be incompatible with the function of Member of the National Assembly.

3. The performance of, or appointment to, any of the functions or offices provided for in this Article shall constitute a justifying reason for postponing the taking of office as a Member of the National Assembly.

Article 150 (Immunities)#

1. Members of the National Assembly shall not be civilly, criminally or disciplinarily liable for the votes cast or opinions expressed by them in meetings, committees or working groups of the National Assembly in the exercise of their functions.

2. Members of the National Assembly may not be detained or imprisoned without authorisation granted by the National Assembly or, outside its normal period of functioning, by the Standing Committee, except in flagrante delicto for an intentional crime punishable by a prison sentence of more than 2 years.

3. Once criminal proceedings have been instituted against a Member of the National Assembly and the Member has been charged by committal order or equivalent, except in flagrante delicto for an intentional crime punishable by a prison sentence of more than 2 years, the Plenary of the National Assembly shall decide on the suspension of the Member and the lifting of immunities, for the purposes of the proceedings continuing.

Article 151 (Suspension of the Mandate and Temporary Replacement)#

1. The mandate of a Member of the National Assembly shall be suspended in the following cases:

(a) Holding of a public office incompatible with the function of Member of the National Assembly, in accordance with the Constitution;

(b) Illness lasting more than ninety days;

(c) Absence from the country for a period of more than ninety days;

(d) A committal order that has become final for an intentional crime punishable by a prison sentence of more than 2 years. 2. Whenever the mandate is suspended, the Member of the National Assembly shall be temporarily replaced, as provided for in Article 153(2) and (3) of the Constitution.

Article 152 (Renunciation and Loss of the Mandate)#

1. A Member of the National Assembly may renounce the mandate by means of a written declaration.

2. A Member of the National Assembly shall lose the mandate whenever he or she:

(a) Becomes subject to any of the incapacities or ineligibilities provided for in the Constitution and the law;

(b) Exceeds the number of absences laid down by law;

(c) Joins a party other than the one on whose list he or she was elected;

(d) Has been sanctioned for unbecoming conduct, detrimental to the duties and dignity of parliamentary office, under disciplinary proceedings instituted pursuant to the applicable rules of the National Assembly;

(e) Is in any of the situations provided for in subparagraphs (c), (d) and (e) of Article 153(1) of the Constitution;

(f) Fails, without justification, to take his or her seat in the National Assembly, in accordance with the law.

Article 153 (Permanent Replacement)#

1. Members of the National Assembly shall be permanently replaced in the following situations:

(a) Renunciation of the mandate;

(b) Loss of the mandate as provided for in subparagraph (b) of Article 152(2) of the Constitution;

(c) Conviction for an intentional crime punishable by a prison sentence of more than 2 years;

(d) Permanent incapacity;

(e) Death.

2. In the event of the replacement of a Member of the National Assembly, the resulting vacancy shall be filled, according to the respective order of precedence, by the next Member on the list of the party or coalition to which the holder of the vacant mandate belonged.

3. If there are no longer any candidates on the list to which the holder of the mandate belonged, the vacancy shall not be filled.

Article 154 (Impediments)#

Members of the National Assembly in office may not:

(a) Practise as lawyers or be parties in judicial or extrajudicial proceedings against the State, except in defence of their legally protected rights and interests;

(b) Act as arbitrator, conciliator and mediator or as a paid expert in proceedings against the State or other legal persons governed by public law, unless authorised by the National Assembly;

(c) Participate in public tenders for the supply of goods or services, or in contracts with the State and other legal persons governed by public law, save for the rights defined by law;

(d) Participate in commercial advertising.

Article 155 (Internal Organisation)#

The internal organisation and functioning of the National Assembly shall be governed by the provisions of this Constitution and the law.

Article 156 (Standing Committee)#

1. The Standing Committee is the body of the National Assembly that functions:

(a) Outside the period of effective functioning; (b) Between the end of one legislature and the beginning of a new legislature; (c) In the other cases provided for in the Constitution and the law.

2. The Standing Committee shall be chaired by the President of the National Assembly and shall comprise the following:

(a) The Vice-Presidents of the National Assembly;

(b) The Secretaries of the Bureau;

(c) The Chairs of the Parliamentary Groups;

(d) The Chairs of the Standing Working Committees;

(e) The Chair of the Board of Administration;

(f) The Chair of the Women Parliamentarians' Group;

(g) Twelve Members of the National Assembly in proportion to the seats held.

3. The Standing Committee shall have the power to:

(a) Exercise the powers of the National Assembly in relation to the mandate of Members of the National Assembly;

(b) Prepare the opening of the legislative sessions;

(c) Convene the National Assembly in extraordinary session, where specific matters of an urgent nature need to be considered;

(d) Monitor the meetings of the Specialised Working Committees, Ad Hoc Committees and Parliamentary Committees of Inquiry outside the period of effective functioning of the National Assembly.

4. At the end of the legislature, the Standing Committee shall remain in office until the opening of the constituent meeting of the newly elected Assembly.

Article 157 (Legislative Sessions)#

1. A legislature comprises five Legislative Sessions or Parliamentary Years.

2. Each Legislative Session begins on 15 October and lasts one year, with the recesses being laid down in the Laws on the Organisation and Functioning of the National Assembly.

3. The Legislative Sessions include such ordinary and extraordinary plenary meetings as are necessary for the conduct of business.

Article 158 (Quorum for Functioning)#

The National Assembly may function in plenary meetings with 1/5 of the Members of the National Assembly in office.

Article 159 (Resolutions)#

Resolutions of the National Assembly shall be adopted by an absolute majority of the Members present, provided that this exceeds half of the Members in office, except where the Constitution and the law establish other voting rules.

Article 160 (Organisational Powers)#

In the field of its internal organisation, the National Assembly shall have the power to:

(a) Legislate on its internal organisation;

(b) Elect, by an absolute majority of the Members present, its President, the Vice-Presidents and the Secretaries of the Bureau;

(c) Constitute the Standing Committee, the Specialised Working Committees, the Ad Hoc Committees and the Parliamentary Committees of Inquiry;

(d) Exercise the other powers conferred on it by the Organic Law and by other parliamentary legislation.

Article 161 (Political and Legislative Powers)#

In the political and legislative field, the National Assembly shall have the power to:

(a) Approve amendments to the Constitution, in accordance with this Constitution;

(b) Approve laws on all matters, except those reserved by the Constitution to the President of the Republic;

(c) Grant legislative authorisations to the President of the Republic and review, for the purposes of termination of their validity or amendment, authorised presidential legislative decrees, in accordance with the law;

(d) Review, for the purposes of conversion into law or rejection, provisional presidential legislative decrees;

(e) Approve the General State Budget;

(f) Establish and alter the political and administrative division of the country, in accordance with the Constitution and the law;

(g) Grant amnesties and general pardons;

(h) Give its opinion on the possibility of the President of the Republic declaring a state of siege or a state of emergency;

(i) Give its opinion on the possibility of the President of the Republic declaring a state of war or making peace;

(j) Propose to the President of the Republic that questions of relevant national interest be submitted to referendum;

(k) Approve, for ratification and accession, treaties, conventions, agreements and other international instruments dealing with matters within its absolute legislative competence, as well as treaties concerning Angola's participation in international organisations, the rectification of borders, friendship, cooperation and defence, and those relating to military matters;

(l) Approve withdrawal from treaties, conventions, agreements and other international instruments;

(m) Initiate the procedure for the indictment and removal from office of the President of the Republic, as provided for in Articles 127 and 129 of this Constitution;

(n) Perform the other functions entrusted to it by the Constitution and the law.

Article 162 (Powers of Control and Oversight)#

1. In the field of control and oversight, the National Assembly shall have the power to:

(a) Ensure compliance with the Constitution and the proper implementation of the laws;

(b) Receive and analyse the General State Account and the accounts of other public institutions as required by law, which may be accompanied by the report and opinion of the Court of Auditors, as well as by all the information deemed necessary for their analysis, in accordance with the law;

(c) Analyse and discuss the application of the declaration of a state of war, a state of siege or a state of emergency;

(d) Authorise the Executive to contract and grant loans, as well as to carry out other credit operations that do not constitute floating debt, defining the respective general conditions, and set the maximum limit of guarantees to be granted each year to the Executive, within the framework of the approval of the General State Budget;

(e) Analyse, for the purposes of refusal of ratification or amendment, presidential legislative decrees approved in the exercise of authorised legislative competence;

(f) Receive and consider, within the time limits laid down by law, the Quarterly Implementation Reports on the General State Budget submitted by the Holder of Executive Power;

(g) Hold, in the Specialised Working Committees of the National Assembly, hearings and questioning of Ministers of State, Ministers and Provincial Governors, subject to a prior request to the President of the Republic, which must set out the subject matter of the proceeding;

(h) Approve the establishment of Parliamentary Committees of Inquiry to conduct inquiries into specific facts and situations arising from the activity of the Public Administration, communicating the respective findings and conclusions to the President of the Republic and, where appropriate, to the competent judicial authorities.

2. The control and oversight mechanisms provided for in the preceding paragraph do not confer on the National Assembly powers to hold the Executive politically accountable or to call into question its continuation in office.

3. The oversight exercised by the National Assembly over the Executive shall concern facts occurring during the period corresponding to the current term of office.

4. The provisions of the preceding paragraph shall not preclude the consideration of the General State Account and of the General State Budget Implementation Report, in accordance with the Constitution and the law.

Article 163 (Powers in Relation to Other Bodies)#

1. In relation to other bodies, the National Assembly shall have the power to:

(a) Elect judges to the Constitutional Court, in accordance with the Constitution;

(b) Elect jurists to the Superior Council of the Judiciary and to the Superior Council of the Public Prosecution Service;

(c) Elect the Ombudsman and the Deputy Ombudsman;

(d) Elect members of the Bodies of Electoral Administration, in accordance with the law;

(e) Elect the members of other bodies whose appointment is entrusted by law to the National Assembly.

2. The National Assembly shall also have the power to receive, for its information, the respective annual activity reports of the Attorney General's Office, the National Bank of Angola, the Ombudsman and the competent body of the Independent Electoral Administration, in accordance with the law.

Article 164 (Absolute Reservation of Legislative Competence)#

The National Assembly shall have absolute reserved competence to legislate on the following matters:

(a) Acquisition, loss and reacquisition of nationality;

(b) Fundamental rights, freedoms and guarantees of citizens;

(c) Restrictions and limitations on the rights, freedoms and guarantees of citizens;

(d) Elections and the status of the holders of the organs of sovereignty, of local government and of the other constitutional bodies, in accordance with the Constitution and the law;

(e) Definition of crimes, penalties and security measures, as well as the bases of criminal procedure;

(f) Bases of the system of organisation and functioning of local government and of the participation of citizens and traditional authorities in its exercise;

(g) Referendum regime;

(h) Organisation of the courts and status of judicial magistrates and magistrates of the Public Prosecution Service;

(i) General bases of the organisation of national defence;

(j) General bases of the organisation, functioning and discipline of the Angolan Armed Forces, the public security forces and the intelligence services;

(k) Regimes of the state of war, the state of siege and the state of emergency;

(l) Associations, foundations and political parties;

(m) Regime of the national symbols;

(n) Regime of public holidays and national commemoration dates;

(o) Status and capacity of persons;

(p) Definition of the limits of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf.

Article 165 (Relative Reservation of Legislative Competence)#

1. The National Assembly shall have relative reserved competence to legislate, save where authorisation is granted to the Executive, on the following matters:

(a) Bases of the regime and scope of the civil service, including the guarantees of persons subject to the administration, the status of civil servants and the civil liability of the Public Administration;

(b) Bases of the status of public enterprises, public institutes and public associations;

(c) General regime of rural and urban leases;

(d) General regime of public finances;

(e) Bases of the financial and banking system;

(f) Bases of the general regime of the national planning system;

(g) General regime of assets and means of production not forming part of the public domain;

(h) General regime of the media;

(i) Bases of the national education, health and social security systems;

(j) Monetary system and standard of weights and measures;

(k) Definition of the sectors reserved to the State in the economic field;

(l) Bases for the granting of concessions for the exploitation of natural resources and for the disposal of State assets;

(m) Definition and regime of public domain assets;

(n) General regime of requisition and expropriation in the public interest;

(o) Creation of taxes and the tax system, as well as the general regime of fees and other financial contributions in favour of public entities;

(p) General bases of spatial planning and urban planning;

(q) Bases of the system for the protection of nature, environmental and ecological balance and cultural heritage;

(r) General bases of the regime for the concession and transfer of land;

(s) General regime of military service;

(t) General regime for the punishment of disciplinary offences and administrative offences, as well as the respective procedure.

2. The National Assembly shall also have relative reserved competence to define the general legislative regime on all matters not covered by the preceding paragraph, except those reserved by the Constitution to the President of the Republic.

Article 166 (Form of Acts)#

1. In the exercise of its powers, the National Assembly shall issue Constitutional Revision Laws, Organic Laws, Framework Laws, Laws, Legislative Authorisation Laws and Resolutions.

2. The acts of the National Assembly performed in the exercise of its powers shall take the form of:

(a) Constitutional Revision Laws, the normative acts provided for in subparagraph (a) of Article 161 of the Constitution;

(b) Organic Laws, the normative acts provided for in subparagraph (a) of Article 160 and in subparagraphs (d), (f), (g) and (h) of Article 164;

(c) Framework Laws, the normative acts provided for in subparagraphs (i) and (j) of Article 164 and in subparagraphs (a), (b), (e), (f), (i), (l), (p), (q) and (r) of Article 165(1), all of the Constitution;

(d) Laws, the other normative acts concerning matters within the legislative competence of the National Assembly which are not required to take another form under the Constitution;

(e) Legislative Authorisation Laws, the normative acts provided for in subparagraph (c) of Article 161;

(f) Resolutions, the acts provided for in subparagraphs (b) and (c) of Article 160, in subparagraphs (g), (h), (i), (j), (k), (l) and (m) of Article 161, in subparagraphs (b), (c) and (d) of Article 162 and in subparagraphs (a), (b), (c), (d) and (e) of Article 163, and the other deliberations on matters of day-to-day management of parliamentary activity, as well as those which do not require another form under the Constitution.

Article 167 (Legislative Initiative)#

1. Legislative initiative may be exercised by the Members of the National Assembly, by the Parliamentary Groups and by the President of the Republic.

2. The organs of judicial power may submit contributions on matters relating to judicial organisation, the statute of magistrates and the functioning of the courts.

3. Legislative initiative exercised by the Members of the National Assembly and by the Parliamentary Groups shall take the form of a bill.

4. Legislative initiative exercised by the President of the Republic shall take the form of a government bill.

5. Citizens organised in representative groups and organisations may submit to the National Assembly proposals for draft legislative initiatives, on terms to be defined by law.

6. Bills and government bills which, in the current fiscal year, involve an increase in State expenditure or a decrease in State revenue as fixed in the Budget may not be submitted, except for Laws revising the General State Budget.

Article 168 (National Referendum Initiative)#

1. The initiative for a national referendum may be exercised by the President of the Republic, by one fifth of the Members of the National Assembly in office and by the Parliamentary Groups.

2. An initiative submitted by the Members of the National Assembly and by the Parliamentary Groups shall take the form of a referendum proposal.

3. The holding of constitutional referendums is prohibited.

Article 169 (Approval)#

1. Bills for Constitutional Revision Laws and referendum proposals shall be approved by a qualified majority of 2/3 of the Members of the National Assembly in office.

2. Bills for Organic Laws and Framework Laws shall be approved by an absolute majority of the Members of the National Assembly in office.

3. Bills for Laws and draft Resolutions shall be approved by an absolute majority of the votes of the Members of the National Assembly present, provided that their number exceeds half of the Members of the National Assembly in office.

Article 170 (Legislative Authorisations)#

1. Legislative Authorisation Laws shall define their subject matter, purpose, scope and duration.

2. Legislative Authorisation Laws may not be used more than once, without prejudice to their being used in parts.

3. Legislative authorisations shall lapse upon:

(a) Expiry of the time limit;

(b) The end of the legislative term and of the term of office of the President of the Republic.

4. Legislative authorisations granted in the General State Budget Law shall observe the provisions of this Article and, where they concern tax matters, shall lapse only at the end of the fiscal year to which they relate.

Article 171 (Parliamentary Scrutiny of Legislative Acts of the Executive)#

1. Authorised Presidential Legislative Decrees may be subject to parliamentary scrutiny, upon a request signed by at least 10 Members of the National Assembly in office, within the thirty days following their publication in the Official Gazette.

2. The scrutiny of authorised Presidential Legislative Decrees shall be carried out for the purpose of terminating their effect or amending them.

3. Where scrutiny of an authorised Presidential Legislative Decree has been requested and amendments are proposed, the National Assembly may suspend its effect, in whole or in part, until the publication of the law amending it or until all the proposals have been rejected.

4. The suspension referred to in the preceding paragraph shall lapse after 45 days have elapsed without a final decision by the National Assembly.

5. If the National Assembly approves the termination of the effect of the authorised Presidential Legislative Decree, the instrument shall cease to be in force from the date of publication of the resolution in the Official Gazette, and may not be published again in the same legislative session.

6. The procedure for the parliamentary scrutiny of authorised Presidential Legislative Decrees shall have priority and shall lapse if, once scrutiny has been requested, the National Assembly has not pronounced on it or, having resolved to introduce amendments, has not voted on the respective law by the end of the current legislative session, provided that five plenary sittings have taken place.

Article 172 (Parliamentary Scrutiny of Provisional Presidential Legislative Decrees)#

1. The President of the Republic shall send the Provisional Presidential Legislative Decrees to the National Assembly within 10 days of their publication in the Official Gazette.

2. Parliamentary scrutiny shall take place upon the request of at least 10 Members of the National Assembly if, within the time limit referred to in the preceding paragraph, the Provisional Presidential Legislative Decree has not been sent to the National Assembly.

3. The scrutiny of Provisional Presidential Legislative Decrees is intended for their conversion into parliamentary law or their rejection by the National Assembly.

4. If the National Assembly rejects the Provisional Presidential Legislative Decree, the instrument shall cease to be in force from the date of publication of the resolution in the Official Gazette, and may not be published again in the same legislative session.

5. The provisions of paragraph 6 of the preceding Article shall apply to the parliamentary scrutiny of Provisional Presidential Legislative Decrees.

Article 173 (Urgent Procedure)#

1. At the request of the President of the Republic, of 10 Members of the National Assembly in office, of any Parliamentary Group or of the Specialised Working Committees, the National Assembly may be asked to grant urgency to the discussion of any bill, government bill or draft resolution.

2. The National Assembly may, at the request of 10 Members of the National Assembly or of any Parliamentary Group, declare urgency in the discussion of any matter of national interest.

3. Where urgency in the scheduling of any matter is requested, it shall be for the President of the National Assembly to decide on the request, without prejudice to an appeal to the Plenary for a decision on the urgency requested.

Article 174 (Jurisdictional Function)#

1. The courts are organs of sovereignty with competence to administer justice in the name of the people.

2. In the exercise of the jurisdictional function, the courts shall be responsible for resolving conflicts of public or private interest, ensuring the defence of legally protected rights and interests, as well as the accusatorial and adversarial principles, and repressing violations of democratic legality.

3. All public and private entities have the duty to cooperate with the courts in the performance of their functions and shall perform, within the limits of their competence, the acts requested of them by the courts.

4. The law shall establish and regulate the means and forms of out-of-court settlement of disputes, as well as their constitution, organisation, competence and functioning.

5. The courts may not deny justice on grounds of insufficient financial means.

Article 175 (Independence of the Courts)#

In the exercise of the jurisdictional function, the courts are independent and impartial, being subject only to the Constitution and the law.

Article 176 (Jurisdictional System)#

1. The Superior Courts of the Republic of Angola are the Supreme Court, the Constitutional Court, the Court of Auditors and the Supreme Military Court.

2. The system of organisation and functioning of the courts comprises the following:

(a) A common jurisdiction headed by the Supreme Court and also comprising Courts of Appeal and other courts;

(b) A military jurisdiction headed by the Supreme Military Court and also comprising Regional Military Courts.

3. An autonomous administrative, tax and customs jurisdiction may be created, headed by a Superior Court.

4. Maritime courts may also be created. 5. The creation of courts with exclusive competence to try certain offences is prohibited.

Article 177 (Decisions of the Courts)#

1. The courts shall guarantee and ensure compliance with the Constitution, the laws and the other normative provisions in force and the protection of the legitimate rights and interests of citizens and institutions, and shall decide on the legality of administrative acts.

2. The decisions of the courts are binding on all citizens and other legal persons and shall prevail over those of any other authorities.

3. The law shall regulate the terms of enforcement of the decisions of the courts, shall sanction those responsible for failing to comply with them and shall hold criminally liable the public and private authorities that contribute to their obstruction.

Article 178 (Administrative and Financial Autonomy of the Courts)#

The courts shall enjoy administrative and financial autonomy, and the law shall define the mechanisms for the participation of the Judicial Power in the process of preparing their budget.

Article 179 (Judges)#

1. Judges are independent in the exercise of their functions and owe obedience only to the Constitution and the law.

2. Judges are irremovable and may not be transferred, promoted, suspended, retired or dismissed except under the terms of the Constitution and the law.

3. Judges shall not be liable for the decisions they deliver in the exercise of their functions, save for the restrictions imposed by law.

4. Judges may only be arrested after formal indictment where the offence is punishable with a prison sentence of more than 2 years, except in the case of flagrante delicto for an intentional crime punishable with the same penalty.

5. Judges in office may not hold any other public or private function, except for teaching and scientific research of a legal nature.

6. Judges in office may not join political parties or associations of a political nature, nor engage in party-political activities.

7. Judges shall have the right of socio-professional association, but are barred from exercising the right to strike. 8. Judges shall be periodically assessed by the Superior Council of the Judiciary, on the basis of the merit of their professional performance, under conditions and within time limits to be determined by law. 9. Judges of any jurisdiction shall retire upon reaching 70 years of age.

Article 180 (Supreme Court)#

1. The Supreme Court is the highest judicial instance of the common jurisdiction.

2. The Judge Counsellors of the Supreme Court shall be appointed by the President of the Republic, on the proposal of the Superior Council of the Judiciary, following a competition based on professional record from among judges, public prosecutors and jurists of merit, under the terms determined by law.

3. The President and the Vice-President of the Supreme Court shall be appointed by the President of the Republic from among 3 candidates selected by 2/3 of the Judge Counsellors in office.

4. The Presiding Judge of the Supreme Court and the Vice-President shall perform their duties for a non-renewable term of office of seven years.

5. The composition, organisation, competences and functioning of the Supreme Court shall be established by law.

Article 181 (Constitutional Court)#

1. The Constitutional Court shall have general competence to administer justice in matters of a legal-constitutional nature, under the terms of the Constitution and the law.

2. The Constitutional Court shall have competence to:

(a) Assess the constitutionality of any norms and other acts of the State;

(b) Assess in advance the constitutionality of the laws of Parliament;

(c) Exercise jurisdiction over other questions of a legal-constitutional, electoral and party-political nature, under the terms of the Constitution and the law;

(d) Assess on appeal the constitutionality of decisions of the other courts that refuse to apply any norm on the grounds of its unconstitutionality;

(e) Assess on appeal the constitutionality of decisions of the other courts that apply norms whose constitutionality has been raised during the proceedings.

3. The Constitutional Court shall be composed of 11 Judge Counsellors appointed from among jurists and magistrates, as follows:

(a) Four judges nominated by the President of the Republic, including the President of the Court;

(b) Four judges elected by the National Assembly by a majority of 2/3 of the Members of the National Assembly in office, including the Vice-President of the Court;

(c) Two judges elected by the Superior Council of the Judiciary;

(d) One judge selected by public competition based on professional record, under the terms of the law.

4. The judges of the Constitutional Court shall be appointed for 1 non-renewable term of office of seven years and shall enjoy the guarantees of independence, irremovability, impartiality and non-liability of the judges of the other courts.

Article 182 (Court of Auditors)#

1. The Court of Auditors is the supreme body for the oversight of the legality of public finances and for judging the accounts which the law places under its jurisdiction.

2. The President, the Vice-President and the other Judge Counsellors of the Court of Auditors shall be appointed by the President of the Republic, from among magistrates and non-magistrates, for 1 single term of office of seven years.

3. The composition, organisation, competences and functioning of the Court of Auditors shall be established by law.

Article 183 (Supreme Military Court)#

1. The Supreme Military Court is the highest body in the hierarchy of the military courts.

2. The Presiding Judge, the Vice-Presiding Judge and the other Judge Counsellors of the Supreme Military Court shall be appointed by the President of the Republic from among military magistrates.

3. The composition, organisation, competences and functioning of the Supreme Military Court shall be established by law.

Article 184 (Superior Council of the Judiciary)#

1. The Superior Council of the Judiciary is the superior body for the management and discipline of the judiciary and shall, in general, be responsible for:

(a) Assessing professional merit and exercising disciplinary action over judges;

(b) Designating the Judges for the Constitutional Court, under the terms of the Constitution and the law;

(c) Ordering general inquiries, inspections and investigations into the judicial services and proposing the measures necessary for their efficiency and improvement;

(d) Proposing the appointment of the Judge Counsellors of the Supreme Court;

(e) Appointing, assigning, transferring and promoting judges, under the terms of the Constitution and the law;

(f) Conducting the competition based on professional record for filling the posts of Judges of the Court of Auditors;

(g) Submitting the budget proposal to the Executive and representing the Courts of Common Jurisdiction in the process of discussing and preparing the General State Budget;

(h) Supervising the budget execution of the Courts of Common Jurisdiction, under the terms of the Constitution and the law;

(i) Managing the staff of the courts of common jurisdiction.

2. The Superior Council of the Judiciary shall be chaired by the President of the Supreme Court and composed of the following members:

(a) Three jurists designated by the President of the Republic, at least one of whom shall be a judge;

(b) Five jurists designated by the National Assembly;

(c) Ten judges elected by the judges from among themselves.

3. The Presiding Judges of the Constitutional Court, of the Court of Auditors and of the Supreme Military Court shall participate as permanent guests in the sessions of the Superior Council of the Judiciary, with the right to speak but without the right to vote.

4. The term of office of the members of the Superior Council of the Judiciary referred to in subparagraphs (a), (b) and (c) of paragraph 2 shall be five years, renewable once, under the terms of the law.

5. The members of the Superior Council of the Judiciary shall enjoy the immunities granted to the judges of the Supreme Court.

Article 185 (Institutional Autonomy)#

1. The Public Prosecution Service is the organ of the Attorney General's Office that is essential to the jurisdictional function of the State, and is endowed with autonomy and its own statute.

2. The autonomy of the Public Prosecution Service is characterised by its being bound by criteria of legality and objectivity.

3. Public prosecutors are accountable and hierarchically subordinate, under the terms of the law.

Article 186 (Competence)#

The Public Prosecution Service shall be responsible for representing the State, defending democratic legality and the interests determined by law, promoting criminal proceedings and bringing criminal prosecutions, under the terms of the law, namely:

(a) Representing the State before the courts;

(b) Providing legal representation for persons lacking legal capacity, minors and absent persons;

(c) Promoting criminal proceedings and bringing criminal prosecutions;

(d) Defending collective and diffuse interests;

(e) Promoting the enforcement of judicial decisions;

(f) Directing the preparatory phase of criminal proceedings, without prejudice to the oversight of the fundamental guarantees of citizens by a judge, under the terms of the law.

Article 187 (Statute)#

1. The requirements and rules for entry into and promotion within the career of the prosecutorial magistracy shall be based on competition for appointment, professional merit and length of effective service, under the terms of the law.

2. Access to the functions corresponding to the Superior Courts shall be governed predominantly by the criterion of merit, through a competition based on professional record open to judges and public prosecutors and to other jurists of merit, under the terms determined by law.

3. Public prosecutors may not be transferred, suspended, retired or dismissed, nor may their situation be altered in any way, except in the cases provided for in their statute.

4. Public prosecutors are subject to the same incompatibilities and impediments as judges of corresponding rank, and shall enjoy a remuneration statute appropriate to the function and to its exclusive exercise.

Article 188 (Immunities)#

Public prosecutors may only be arrested after formal indictment where the offence is punishable with a prison sentence of more than 2 years, except in flagrante delicto for an intentional crime punishable with the same penalty.

Article 189 (Attorney General's Office)#

1. The Attorney General's Office is a State body whose function is to represent the State, namely in the exercise of criminal prosecution, in the defence of the rights of other natural or legal persons, in the defence of legality in the exercise of the jurisdictional function and in the oversight of legality in the preparatory investigation phase of proceedings and as regards the serving of sentences.

2. The Attorney General's Office shall enjoy administrative and financial autonomy, under the terms of the law.

3. The essential organs of the Attorney General's Office are the Public Prosecution Service, the Superior Council of the Public Prosecution Service and the Military Prosecutor's Office.

4. The Attorney General of the Republic and the Deputy Attorneys General shall be appointed by the President of the Republic, on the proposal of the Superior Council of the Public Prosecution Service, for a term of office of five years, renewable once.

5. The Assistant Attorneys General of the Republic shall represent the Public Prosecution Service, by delegation of the Attorney General of the Republic, before the Supreme Court, the Constitutional Court, the Court of Auditors and other Superior Courts.

6. The Assistant Attorneys General of the Republic shall be appointed by the President of the Republic, on the proposal of the Superior Council of the Public Prosecution Service, subject to the requirements defined by law.

7. An annual report on the activities of the Attorney General's Office shall be drawn up, which shall be submitted to the National Assembly and sent to the other organs of sovereignty.

Article 190 (Superior Council of the Public Prosecution Service)#

1. The Superior Council of the Public Prosecution Service is the superior body for the management and discipline of the prosecutorial magistracy, and sits in Plenary and in Standing Committee.

2. The acts of assessment, appointment, assignment, transfer and promotion of public prosecutors, as well as the exercise of disciplinary action, shall fall within the competence of the Superior Council of the Public Prosecution Service.

3. The Superior Council of the Public Prosecution Service shall be chaired by the Attorney General of the Republic and shall comprise the following members:

(a) The Deputy Attorneys General of the Republic;

(b) Members elected by public prosecutors from among themselves and within their respective categories;

(c) Members designated by the President of the Republic;

(d) Members elected by the National Assembly.

4. The term of office of the members of the Superior Council of the Public Prosecution Service referred to in subparagraphs (b), (c) and (d) of this Article shall be five years, renewable once, under the terms of the law.

Article 191 (Military Prosecutor's Office)#

1. The Military Prosecutor's Office is the organ of the Attorney General's Office whose function is the control and oversight of legality within the Angolan Armed Forces, the National Police and the Internal Security and Public Order Bodies, ensuring strict compliance with the laws.

2. The organisation and functioning of the Military Prosecutor's Office shall be regulated by law.

Article 192#

Article 193 (Practice of Law)#

1. The legal profession is an institution essential to the administration of justice.

2. A lawyer is a servant of justice and of the law, and is responsible for performing, throughout the national territory, professional acts of legal consultancy and representation, as well as for providing legal representation in court, under the terms of the law.

3. The Bar Association shall be responsible for regulating access to the legal profession, as well as the discipline of its practice and of legal representation in court, under the terms of the law and of its statute.

Article 194 (Guarantees of Lawyers)#

1. In the procedural acts and statements in court necessary for the exercise of their activity, lawyers shall enjoy immunities, within the limits established by law.

2. The inviolability of documents relating to the exercise of the profession is guaranteed, within the limits provided for by law, and searches, seizures, inventories and similar measures shall only be admissible when ordered by judicial decision and carried out in the presence of the competent magistrate, the lawyer and a representative of the Bar Association, where the commission of an unlawful act punishable with imprisonment of more than 2 years is at issue and the evidence attributes its commission to the lawyer.

3. Lawyers have the right to communicate personally and in private with their clients, even if the latter are imprisoned or detained in civilian or military establishments.

Article 195 (Access to Law and Justice)#

1. The Bar Association shall be responsible for legal assistance, access to the law and legal representation at all levels of jurisdiction.

2. The law shall regulate the organisation of the forms of legal assistance, access to the law and legal representation, as an essential element of the administration of justice, and the State shall provide the financial means for that purpose.

Article 196 (Public Defence)#

1. The State shall provide persons with insufficient financial means with public defence mechanisms for legal assistance and court-appointed legal representation at all levels.

2. The law shall regulate the organisation and functioning of the Public Defence.

Article 197 (Justice of the Peace Courts)#

1. The resolution of minor social disputes by justice of the peace courts shall be permitted.

2. The law shall regulate the organisation and functioning of justice of the peace courts.

Article 198 (Fundamental Objectives and Principles)#

1. Public Administration shall be structured on the basis of the principles of administrative simplification, bringing services closer to the population, and administrative deconcentration and decentralisation.

2. Public Administration shall pursue the public interest, in accordance with the Constitution and the law, and in the exercise of its activity shall be governed by the principles of equality, legality, justice, proportionality, impartiality, good administration, probity, respect for property and accountability.

3. The pursuit of the public interest shall respect legally protected rights and interests.

Article 198-A (Scope)#

Public Administration comprises the Direct and Indirect Administration of the State, the Autonomous Administration and the Independent Administration.

Article 199 (Structure of Public Administration)#

1. [Repealed].

2. The law shall establish the forms and degrees of participation of private individuals in administrative deconcentration and decentralisation, without prejudice to the powers to direct the action of the Administration, of superintendence and of administrative oversight, as well as the duty of the Independent Administration to cooperate with the Holder of Executive Power.

3. Independent administrative entities shall be established by law.

4. The organisation, functioning and functions of independent administrative entities and their types shall be established by law.

5. Private entities exercising public powers shall be subject to supervision by the public authorities, in accordance with the Constitution and the law.

Article 200 (Rights and Guarantees of Persons in Relation to the Administration)#

1. Citizens shall have the right to be heard by Public Administration in administrative proceedings liable to affect their legally protected rights and interests.

2. Citizens shall have the right to be informed by the administration of the progress of proceedings in which they have a direct interest, as well as the right to know the decisions taken on them.

3. Interested private individuals shall be notified of administrative acts in the manner provided for by law, and such acts shall require express reasons where they affect legally protected rights or interests.

4. Private individuals shall be guaranteed the right of access to administrative archives and records, without prejudice to the provisions of the law on matters relating to security and defence, State secrecy, criminal investigation and personal privacy.

Article 200-A (Central Administration of the State)#

1. The Central Administration of the State comprises the central administrative organs and services that are subject to the powers of direction and superintendence of the Holder of Executive Power.

2. The responsibilities of the organs and services of the Central Administration of the State shall be pursued throughout the national territory, without prejudice to the responsibilities specific to the Autonomous Administration and the Independent Administration.

Article 201 (Local Administration of the State)#

1. The Local Administration of the State shall be exercised by deconcentrated organs of the Central Administration and aims to ensure, at local level, the fulfilment of the responsibilities and specific interests of the State Administration in the respective administrative area, without prejudice to the autonomy of local government.

2. The Provincial Governor is the representative of the Central Administration in the respective province and shall be responsible, in general, for conducting the governance of the province and ensuring the normal functioning of the Local Administration of the State.

3. The Provincial Governor shall be appointed by the President of the Republic, to whom he or she is politically and institutionally accountable.

4. The organisation and functioning of the Organs of the Local Administration of the State shall be regulated by law.

Article 202 (Objectives and Foundations of National Security)#

1. It shall be incumbent upon the State, with the participation of citizens, to guarantee national security, observing the Constitution and the law, as well as the international instruments to which Angola is a party.

2. The objective of national security is to guarantee the safeguarding of national independence and sovereignty and of territorial integrity, of the democratic State based on the rule of law, of freedom and of the defence of the territory against any threats and risks, as well as the pursuit of cooperation for national development and the contribution to international peace and security.

3. The organisation and functioning of the national security system shall be regulated by law.

Article 203 (Right to National Security and Self-Defence)#

The Republic of Angola shall act through appropriate legitimate means to preserve its national security and reserves the right to resort to legitimate force to restore peace or public order, in accordance with the Constitution, the law and international law.

Article 204 (States of Constitutional Necessity)#

1. Within the scope of preserving national security and maintaining public order, the President of the Republic may declare, in accordance with the requirements of the situation, states of constitutional necessity, under the terms of the Constitution and the law.

2. The states of constitutional necessity are the state of war, the state of siege and the state of emergency, which shall run from their declaration until the formalisation of their termination.

3. The law shall regulate the state of war, the state of siege and the state of emergency.

Article 205 (Restrictions on the Exercise of Rights)#

In respect of national security agents on active duty, namely military personnel, police officers and agents, the law may, strictly to the extent required by their functional conditions, establish restrictions on the right to stand for election, as well as on the exercise of the rights of expression, assembly, demonstration, association, strike, petition and others of a similar nature.

Article 206 (National Defence)#

1. The objectives of national defence are to guarantee the defence of national sovereignty and independence, of territorial integrity and of the constitutional powers and, at the initiative of the latter, of law and public order, to ensure the freedom and security of the population against aggression and other types of external and internal threats, and to carry out missions of public interest, in accordance with the Constitution and the law.

2. The organisation and functioning of national defence shall be established by law.

Article 207 (Angolan Armed Forces)#

1. The Angolan Armed Forces are the permanent, regular and non-partisan national military institution, entrusted with the military defence of the country, organised on the basis of hierarchy, discipline and obedience to the competent organs of sovereignty, under the supreme authority of the President of the Republic and Commander-in-Chief, in accordance with the Constitution and the law, as well as the international conventions to which Angola is a party.

2. The Angolan Armed Forces shall be composed exclusively of Angolan citizens and shall have a single organisation for the entire national territory.

3. The law shall regulate the organisation, functioning, discipline, training and deployment of the Angolan Armed Forces in times of peace, crisis and conflict.

Article 208 (Defence of the Homeland and Military Service)#

1. The defence of the Homeland and of the rights of citizens is a fundamental right and duty of all Angolans.

2. Military service shall be regulated by law, which shall determine the forms, nature and content of its performance.

Article 209 (Guarantee of Order)#

1. The objective of the guarantee of order is the defence of public security and tranquillity and the safeguarding and protection of institutions, of citizens and their property and of their fundamental rights and freedoms against violent or organised crime and other types of threats and risks, in strict compliance with the Constitution, the laws and the international conventions to which Angola is a party.

2. The organisation and functioning of the organs responsible for ensuring public order shall be established by law.

Article 210 (National Police)#

1. The National Police is the permanent, regular and non-partisan national police institution, organised on the basis of hierarchy and discipline, entrusted with the protection and policing of the country, in strict compliance with the Constitution and the laws, as well as the international conventions to which Angola is a party.

2. The National Police shall be composed exclusively of Angolan citizens and shall have a single organisation for the entire national territory.3. The law shall regulate the organisation and functioning of the National Police.

Article 211 (Preservation of State security)#

1. The objective of the preservation of State security is to safeguard the democratic State based on the rule of law against violent or organised crime, as well as other types of threats and risks, in compliance with the Constitution and the laws, as well as the international conventions to which Angola is a party.

2. The preservation of State security comprises institutional components of State Intelligence and Security Organs.

3. The organisation and functioning of the preservation of State security shall be established by law.

Article 212 (State Intelligence and Security Organs)#

1. The State Intelligence and Security Organs are organs entrusted with producing information and analyses, as well as adopting the State intelligence and security measures necessary for the preservation of the democratic State based on the rule of law and of public peace.

2. The law shall regulate the organisation, functioning and oversight of the intelligence and security services.

Article 212-A (Ombudsman)#

1. The Ombudsman is an independent public entity whose purpose is to defend the rights, freedoms and guarantees of citizens, ensuring, through informal means, the justice and legality of the activity of Public Administration.

2. The Ombudsman and the Deputy Ombudsman shall be elected by the National Assembly, by resolution of an absolute majority of the Members of the National Assembly in office.

3. The Ombudsman and the Deputy Ombudsman shall take office before the President of the National Assembly for a term of office of five years, renewable only once.

4. Citizens and legal persons may submit to the Ombudsman's Office complaints concerning acts or omissions of public authorities, which the Office shall examine without decision-making power, addressing to the competent organs the recommendations necessary to prevent and redress injustices.

5. The activity of the Ombudsman shall be independent of the administrative and judicial remedies provided for in the Constitution and the law.

6. The organs and agents of Public Administration, citizens and other public and private legal persons have the duty to cooperate with the Ombudsman in the pursuit of the Ombudsman's purposes.

7. An annual activity report shall be prepared and sent to the President of the Republic, the National Assembly and the Attorney General's Office.

8. The law shall establish the other functions and the statute of the Ombudsman and of the Deputy Ombudsman, as well as of the entire support structure known as the Ombudsman's Office.

Article 213 (Autonomous Organs of Local Government)#

1. The democratic organisation of the State at local level shall be structured on the basis of the principle of political and administrative decentralisation, which comprises the existence of organisational forms of Local Government, in accordance with the Constitution and the law.

2. The organisational forms of Local Government comprise Local Authorities, institutions of Traditional Power and other specific forms of citizen participation, in accordance with the law.

3. Without prejudice to the provisions of paragraph 1, the pursuit of the responsibilities and the exercise of the powers of Local Authorities, of institutions of Traditional Power and of other specific forms of citizen participation shall comply with the principles of administrative deconcentration, legality, lawfulness, pursuit of the public interest and protection of the legally protected rights and interests of private individuals, equality, participation of private individuals and administrative oversight, in accordance with the Constitution and the law.

Article 214 (Principle of Local Autonomy)#

1. Local autonomy comprises the right and the effective capacity of Local Authorities to manage and regulate local public affairs, in accordance with the Constitution and the law, under their own responsibility and in the interest of their respective populations.

2. Local autonomy encompasses organisational, regulatory, administrative, financial and patrimonial dimensions, as defined by law.

3. The principle of local autonomy enshrined in this Article shall apply to all organisational forms of Local Government and shall be implemented in accordance with the relevant law, without prejudice to the provisions of the Constitution.

4. The financial resources of Local Authorities comprise, among others, State transfers, taxes, fees and other fiscal contributions and other revenues, as established by law.

Article 215#

Article 216 (Guarantees of Local Authorities)#

Local Authorities shall have the right to take legal action in order to ensure the free exercise of their responsibilities and respect for the principles of local autonomy enshrined in the Constitution or the law.

Article 217 (Local Authorities)#

1. Local Authorities are territorial legal persons corresponding to the body of residents in certain areas of the national territory, which ensure the pursuit of specific interests arising from neighbourhood through their own organs representing their respective populations.

2. The organisation and functioning of Local Authorities, as well as the powers of their organs, shall be regulated by law, in harmony with the principle of administrative decentralisation.

3. The law shall define the property of Local Authorities and establish the local finance regime with a view to the fair distribution of public resources between the State and the local authorities, the necessary correction of inequalities between local authorities and the provision for revenue collection and for limits on expenditure.

4. Local Authorities shall have their own regulatory power, in accordance with the law.

Article 218 (Categories of Local Authorities)#

1. Local Authorities shall be organised in municipalities.

2. Taking into account cultural and historical specificities and the level of development, local authorities may be established at supra-municipal level.

3. The law may also establish, in accordance with specific conditions, other infra-municipal levels of territorial organisation of the Autonomous Local Administration.

Article 219 (Responsibilities)#

Local Authorities shall have, among others and in accordance with the law, responsibilities in the fields of education, health, energy, water, rural and urban facilities, heritage, culture and science, transport and communications, leisure and sport, housing, social welfare, civil protection, environment and basic sanitation, consumer protection, promotion of economic and social development, spatial planning, municipal police, decentralised cooperation and twinning.

Article 220 (Organs of Local Authorities)#

1. The organisation of Local Authorities comprises an Assembly with deliberative powers, a Collegial Executive Organ and a President of the Local Authority.

2. The Assembly shall be composed of local representatives elected by universal, equal, free, direct, secret and periodic suffrage of the voting citizens in the area of the respective local authority, according to the system of proportional representation.

3. The Collegial Executive Organ shall consist of its President and of Secretaries appointed by the President, all of whom shall be accountable to the Assembly of the Local Authority.

4. The President of the Executive Organ of the Local Authority shall be the head of the list receiving the most votes for the Assembly.

5. Candidacies for elections to the Organs of Local Authorities may be submitted by political parties, individually or in coalition, or by groups of voting citizens, in accordance with the law.

Article 221 (Administrative Oversight)#

1. Local Authorities shall be subject to the administrative oversight of the Executive.

2. Administrative oversight of Local Authorities consists of verifying compliance with the law by the Local Authority Organs and shall be exercised in accordance with the law.

3. The dissolution of Local Authority Organs, even where they result from elections, may only be based on serious unlawful acts or omissions.

4. Local Authorities may challenge in court any unlawful acts committed by the supervising entity in the exercise of its oversight powers.

Article 222 (Solidarity and Cooperation)#

1. With the encouragement of the State, Local Authorities shall promote solidarity among themselves, according to the particularities of each, with a view to reducing local and regional asymmetries and to national development.

2. The law shall guarantee the forms of cooperation and organisation that Local Authorities may adopt for the pursuit of common interests, which shall be granted their own responsibilities and powers.

Article 223 (Recognition)#

1. The State recognises the status, role and functions of the institutions of traditional power established in accordance with customary law and which do not contravene the Constitution.

2. The recognition of the institutions of traditional power obliges public and private entities to respect, in their relations with those institutions, the customary values and norms observed within traditional political and community organisations which do not conflict with the Constitution or with the dignity of the human person.

Article 224 (Traditional Authorities)#

Traditional authorities are entities that personify and exercise power within their respective traditional political and community organisation, in accordance with customary values and norms and in compliance with the Constitution and the law.

Article 225 (Responsibilities, Powers and Organisation)#

The responsibilities, powers, organisation, system of control, of accountability and of property of the institutions of traditional power, their institutional relations with the Organs of the Local Administration of the State and of the Local Authority Administration, as well as the typology of traditional authorities, shall be regulated by law.

Article 226 (Constitutionality)#

1. The validity of laws and other acts of the State, of Public Administration and of Local Government depends on their conformity with the Constitution.

2. Laws and acts that violate the principles and norms enshrined in this Constitution are unconstitutional.

Article 227 (Subject Matter of Review)#

All acts that constitute violations of constitutional principles and norms shall be subject to review of constitutionality, namely:

(a) Normative acts;

(b) International treaties, conventions and agreements;

(c) Constitutional revision;

(d) Referendum.

Article 228 (Prior Review of Constitutionality)#

1. The President of the Republic may request the Constitutional Court to conduct a prior review of the constitutionality of any norm contained in a Legal Instrument submitted to him or her for promulgation, of an international treaty submitted to him or her for ratification or of an international agreement sent to him or her for signature.

2. A prior review of the constitutionality of any norm contained in a Legal Instrument submitted for promulgation may also be requested by 1/10 of the Members of the National Assembly in office.

3. A prior review of constitutionality shall be requested within 20 days of the date of receipt of the Legal Instrument.

4. The Constitutional Court shall rule within forty-five days, which period may be shortened for reasons of urgency, at the request of the President of the Republic or of 1/10 of the Members of the National Assembly in office.

Article 229 (Effects of Prior Review)#

1. Instruments in respect of which a prior review of constitutionality has been requested from the Constitutional Court may not be promulgated, signed or ratified until the Court has ruled on that request.

2. If the Constitutional Court declares unconstitutional a norm contained in any Legal Instrument, treaty, convention or international agreement, the latter shall be vetoed by the President of the Republic and returned to the organ that approved it.

3. In the case referred to in the preceding paragraph, the instrument, treaty, convention or international agreement may not be promulgated, ratified or signed, as the case may be, unless the organ that approved it removes the norm held to be unconstitutional.

4. If the Legal Instrument, treaty, convention or international agreement is subsequently reformulated, the President of the Republic or the Members of the National Assembly who challenged its constitutionality may request a prior review of the constitutionality of any of its norms.

Article 230 (Standing)#

1. The Constitutional Court shall review and declare, with generally binding force, the unconstitutionality of any norm.

2. The following entities may request the Constitutional Court to declare unconstitutionality:

(a) The President of the Republic;

(b) One tenth of the Members of the National Assembly in office;

(c) The Parliamentary Groups;

(d) The Attorney General of the Republic;

(e) The Ombudsman;

(f) The Angolan Bar Association.

Article 231 (Effects of Abstract Review)#

1. A declaration of unconstitutionality with generally binding force shall take effect from the entry into force of the norm declared unconstitutional and shall result in the reinstatement of any norm which the latter may have repealed.

2. However, in the case of unconstitutionality resulting from the infringement of a subsequent constitutional norm, the declaration shall only take effect from the entry into force of the latter.

3. Cases already finally decided shall be safeguarded, unless the Constitutional Court decides otherwise where the norm concerns criminal or disciplinary matters or administrative offences and its content is less favourable to the defendant.

4. Where legal certainty, reasons of equity or a public interest of exceptional importance, which must be substantiated, so require, the Constitutional Court may determine the effects of unconstitutionality or illegality with a more restricted scope than that provided for in paragraphs 1 and 2 of this Article.

Article 232 (Unconstitutionality by Omission)#

1. The President of the Republic, one fifth of the Members of the National Assembly in office and the Attorney General of the Republic may request the Constitutional Court to declare unconstitutionality by omission.

2. Where the existence of unconstitutionality by omission is established, the Constitutional Court shall notify the competent legislative organ of that fact so that the gap may be filled.

Article 233 (Initiative for Revision)#

The initiative for the Revision of the Constitution shall lie with the President of the Republic or with one third of the Members of the National Assembly in office.

Article 234 (Approval and Promulgation)#

1. Amendments to the Constitution shall be approved by a majority of two thirds of the Members of the National Assembly in office.

2. The President of the Republic may not refuse to promulgate the Constitutional Revision Law, without prejudice to the power to request its prior review by the Constitutional Court.

3. The amendments to the Constitution that are approved shall be brought together in a single Revision Law.

4. The Constitution, in its new wording, shall be published together with the Revision Law.

Article 235 (Temporal Limits)#

1. The National Assembly may revise the Constitution once five years have elapsed since its entry into force or since the last ordinary revision.

2. The National Assembly may, at any time, assume powers of extraordinary revision by a resolution adopted by a majority of two thirds of the Members of the National Assembly in office.

Article 236 (Material Limits)#

Amendments to the Constitution must respect the following:

(a) The dignity of the human person;

(b) Independence, territorial integrity and national unity;

(c) The republican form of government;

(d) The unitary nature of the State;

(e) The essential core of rights, freedoms and guarantees;

(f) The State based on the rule of law and pluralist democracy;

(g) The secular nature of the State and the principle of separation between the State and the churches;

(h) Universal, direct, secret and periodic suffrage for the designation of the elected office-holders of the organs of sovereignty and of local authorities;

(i) The independence of the courts;

(j) The separation and interdependence of the organs of sovereignty;

(k) Local autonomy.

Article 237 (Circumstantial Limits)#

No amendment to the Constitution may be made while a state of war, a state of siege or a state of emergency is in force.

Article 238 (Entry into Force)#

The Constitution of the Republic of Angola shall enter into force on the day of its publication in the Official Gazette, without prejudice to the provisions of the following articles.

Article 239 (Continued Validity of Previous Laws)#

Ordinary law predating the entry into force of the Constitution shall remain in force, provided that it is not contrary to the Constitution.

Article 240 (National Assembly)#

The term of office of the Members of the National Assembly in office on the date of entry into force of the Constitution of the Republic of Angola shall continue until the Members of the National Assembly elected under this Constitution take office.

Article 241 (President of the Republic)#

1. The President of the Republic in office on the date of entry into force of the Constitution of the Republic of Angola shall remain in office until the President of the Republic elected under this Constitution takes office.

2. From the entry into force of this Constitution, the President of the Republic shall exercise the office of Holder of Executive Power, in particular the right to appoint his or her auxiliaries and to exercise the other functions on the basis of the rules and principles of this Constitution.

3. Until the next general elections are held under this Constitution, it shall be incumbent upon the President of the Republic to appoint the Vice-President of the Republic.

4. The organisation and functioning of the State Administration, as well as the powers over the Indirect State Administration and over the Autonomous Administration, shall be brought into line with the provisions of this Constitution.

Article 241-A (In-Person Electoral Registration)#

Without prejudice to the provisions of Article 107-A, until the conditions for universal access to the National Citizen Identity Card have been created, electoral registration within the country may be carried out in person in localities without access to civil identification services.

Article 242 (Effective Institutionalisation of Local Authorities)#

1. [Repealed].

2. The effective institutionalisation of local authorities shall be defined by law, which shall establish the appropriate timing of their creation and the broadening of their powers.

Article 243 (Deferred Appointment of Judge Counsellors)#

The designation of the Judges of the Superior Courts shall be carried out in such a way as to avoid their complete simultaneous renewal.

Article 244 (Amnesty)#

Military crimes, crimes against State security and other crimes related thereto, as well as crimes committed by military personnel and by security and internal order officers, perpetrated under any form of participation, in the context of the political-military conflict that ended in 2002, shall be deemed to have been amnestied.