Translated from Portuguese. The Portuguese version prevails. Ler em português
CONSTITUTIONAL JURISDICTION AND THE CONSTITUTIONAL COURT
Constitutional jurisdiction in Angola began with the 1992 Constitutional Law. In its Articles 134 and 135, this legal instrument established the Constitutional Court as the judicial institution which, in general, was responsible for administering justice in matters of a legal and constitutional nature. As the Constitutional Court had not been set up, the powers reserved to it by the Constitutional Law were exercised, in the period between 1992 and 2008, by the Supreme Court, as provided for in Article 5 of its Preambular Law. The formal non-existence of the Constitutional Court did not prevent constitutional jurisdiction from being effectively exercised in Angola, since all cases of a constitutional nature were admitted for consideration by the Supreme Court, acting as the Constitutional Court, and decided by it. With the approval of Law No. 2/08 of 17 June — Organic Law of the Constitutional Court, and of Law No. 3/08 of 17 June — Constitutional Procedure Law, the legal framework of the Court was established. On 25 June 2008 the first seven Justices took office, and the Constitutional Court began operating.
Under Article 135 of the Constitutional Law, the Constitutional Court was composed of seven Justices, serving a non-renewable term of office of seven years, and it was created on the eve of the 2008 Legislative Elections.
Accordingly, once it had begun operating, this Court performed the function of verifying and validating the candidacies of the political parties and coalitions of parties standing in that election.
The Constitutional Court has powers relating to the process of swearing-in and validation of candidacies, applications concerning voter registration, and electoral applications. The exercise of the functions of overseeing the electoral process covered the first six months after the Constitutional Court began operating.
Likewise, several cases concerning internal disputes within political parties, arising from the interpretation and application of their Statutes, were transferred to this Court. The resolution of these cases accounted for a large part of the judgments delivered by this superior court.
The Constitutional Procedure Law confers on the Constitutional Court a wide range of powers in constitutional matters and in the protection of fundamental rights. This legal instrument established the extraordinary appeal on grounds of unconstitutionality against any decision of public authorities. Numerous cases of this nature are decided by this Court.
In 2010, with the approval of the Constitution of the Republic of Angola (CRA), the Constitutional Court was enlarged from seven to eleven Justices and its method of appointment was changed, under Article 180(3) of the CRA (in its 2010 wording; now Article 181(3), following the 2021 constitutional revision), the Court being composed as follows:
a) Four Justices appointed by the President of the Republic, including the President of the Court;
b) Four Justices elected by the National Assembly, by a two-thirds majority of the Members in office, including the Vice-President of the Court;
c) Two Justices elected by the Superior Council of the Judiciary;
d) One Justice selected by public competition based on professional record, in accordance with the law.
As established in Article 243 of the Constitution of the Republic of Angola, Justices must be designated in such a way as to avoid their being replaced all at the same time.