JUDGMENTS

Judgments of 2021

61 judgments decided in 2021, newest first.

719/202109 DEC 2021
Annulment of Judgment No. 685/2021
Case No. 840-D/2020 · Rapp. Carlos Manuel dos Santos Teixeira
PREVEL – Organizações Joravi, Lda. applied for the annulment of Constitutional Court Judgment No. 685/2021 for lack of reasoning, arguing that the Court had relied on foreign legal scholarship rather than the Constitution and had…
PDF
718/202108 DEC 2021
Abstract subsequent review
Case No. 832-D/2020 · Rapp. Carlos Manuel dos Santos Teixeira
The Angolan Bar Association (OAA) applied for a declaration of unconstitutionality with generally binding force of Articles 16(5) and 17(2) of the Undercover Operations Law (Law No. 10/20), which reserve to the Public Prosecution…
PDF
717/202108 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 899-A/2021 · Rapp. Guilhermina Contreiras da Costa Prata
Four citizens convicted of offences including aggravated robbery appealed against a Supreme Court judgment that upheld the first-instance decision while increasing their sentences, invoking, among others, the prohibition of…
PDF
716/202108 DEC 2021
Appeal to the Plenary (against the President's order)
Case No. 888-B/2021 · Rapp. Guilhermina Contreiras da Costa Prata
A citizen appealed to the Plenary against the order of the President of the Court rejecting his extraordinary appeal on grounds of unconstitutionality against the refusal by the President of the Angolan Bar Association (OAA) to…
PDF
715/202108 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 799-C/2020 · Rapp. Victória Manuel da Silva Izata
A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, in a damages claim against EDEL-E.P. over an electricity supply interruption and a fire at his home, found for the…
PDF
714/202108 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 895-A/2021 · Rapp. Maria da Conceição de Almeida Sango
The appellant, sentenced to 12 years' imprisonment for homicide, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding the sentence, alleging the absence of an autopsy and of…
PDF
713/202107 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 879-A/2021 · Rapp. Maria da Conceição de Almeida Sango
The appellant, convicted of homicide, was arrested to serve his sentence before the eight-day time limit for an extraordinary appeal had expired and without his lawyer being notified of the Supreme Court judgment; the Supreme…
PDF
712/202107 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 867-A/2021 · Rapp. Josefa Antónia dos Santos Neto
Banco Caixa Geral Angola brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court upholding the nullity of an employee's dismissal, the disciplinary interview…
PDF
711/202107 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 859-C/2020 · Rapp. Simão de Sousa Victor
The appellant lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment concerning the refusal of her request to join criminal proceedings as an assistant prosecutor (assistente), made…
PDF
710/202107 DEC 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 857-A/2020 · Rapp. Simão de Sousa Victor
A defendant lodged an extraordinary appeal against Supreme Court orders refusing to admit his ordinary appeal against the duty judge's ruling on the nullity of searches and seizures ordered by the Public Prosecution Service, and…
PDF
708/202103 NOV 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 873-C/2021 · Rapp. Simão de Sousa Victor
A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, alleging breach of the right to habeas corpus, the principle of legality and the…
PDF
707/202103 NOV 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 875-A/2021 · Rapp. Simão de Sousa Victor
Clínica Sagrada Esperança, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Labour Chamber judgment annulling dismissals because the workers were heard on the day of the summons,…
PDF
706/202103 NOV 2021
Request for clarification
Case No. 884-B/2021 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
A convicted citizen requested clarification of Judgment No. 694/2021, alleging obscurity and ambiguity in referring to the ordinary courts the questions of the legal classification of the facts and the decriminalisation of…
PDF
705/202103 NOV 2021
Request for clarification
Case No. 835-C/2020 · Rapp. Josefa Antónia dos Santos Neto
Two appellants requested clarification of Judgment No. 659/2020, which had dismissed their extraordinary appeal on grounds of unconstitutionality concerning the length of pre-trial detention after a first-instance conviction not…
PDF
704/202103 NOV 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 858-B/2020 · Rapp. Guilhermina Contreiras da Costa Prata
Three appellants brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding their homicide conviction, requalified as simple homicide with reduced sentences, alleging breaches of…
PDF
703/202103 NOV 2021
Request for clarification
Case No. 887-A/2021 · Rapp. Carlos Alberto Bravo Burity da Silva
UNITA requested clarification of Judgment No. 700/2021, which had declared its 13th Ordinary Congress of 2019 null and void and ordered that the leadership elected in 2015 remain in place. The Court clarified that the nullity…
PDF
702/202107 OCT 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 871-A/2021 · Rapp. Carlos Manuel dos Santos Teixeira
The company Armazéns Pedras Negras, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment confirming a stay of proceedings in a property action pending a prior issue: an…
PDF
701/202107 OCT 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 869-C/2021 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
A worker and trade union official, dismissed by Friedlander Angola – Tubos e Montagem, Lda. after disciplinary proceedings linked to his refusal of a temporary transfer, appealed against a judgment of the Labour Chamber of the…
PDF
700/202105 OCT 2021
Political parties and coalitions
Case No. 887-A/2021 · Rapp. Carlos Alberto Bravo Burity da Silva
UNITA members challenged the candidacy of the party President elected at the 13th Ordinary Congress of 2019. The Court found that the candidate was ineligible at verification, as he still held another nationality, contrary to…
PDF
699/202108 SEP 2021
Appeal to the Plenary (against the President's order)
Case No. 876-B/2021 · Rapp. Carlos Alberto Bravo Burity da Silva
The CASA-CE Parliamentary Group appealed to the Plenary against the order of the President of the Court refusing to admit its request for clarification and revision of Judgment No. 319/2013, on the National Assembly's powers to…
PDF
698/202108 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 829-A/2020 · Rapp. Carlos Alberto Bravo Burity da Silva
The assisting party (the injured party) and a defendant sentenced to 17 years' imprisonment for homicide lodged extraordinary appeals on grounds of unconstitutionality against a Supreme Court judgment upholding a co-defendant's…
PDF
697/202108 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 826-B/2020 · Rapp. Carlos Alberto Bravo Burity da Silva
The appellant, convicted of passing counterfeit currency and fraud, appealed against the Supreme Court judgment dismissing her appeal, alleging breaches of the principles of proportionality, human dignity, material truth and fair…
PDF
696/202108 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 866-B/2021 · Rapp. Maria da Conceição de Almeida Sango
The appellant, convicted of embezzlement and held in pre-trial detention for 28 months pending an appeal with suspensive effect, brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal…
PDF
695/202107 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 877-C/2021 · Rapp. Maria da Conceição de Almeida Sango
The appellant, convicted of homicide and whose sentence the Supreme Court had reduced to 13 years' imprisonment, lodged an extraordinary appeal on grounds of unconstitutionality, alleging arbitrary deprivation of liberty,…
PDF
694/202007 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 884-B/2021 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
A citizen sentenced to 10 years for domestic theft appealed against the Supreme Court judgment upholding his conviction, alleging wrong legal classification, amnesty and decriminalisation under the new Penal Code. The Court held…
PDF
693/202107 SEP 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 797-A/2020 · Rapp. Josefa Antónia dos Santos Neto
A worker lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court which, finding her dismissal unjustified, ordered the employer to pay compensation instead of…
PDF
692/202126 AUG 2021
Request for rectification and amendment (of Judgment No. 584/2019)
Case No. 647-A/2018 · Rapp. Júlia de Fátima Leite Ferreira
A worker whose extraordinary appeal on grounds of unconstitutionality had been allowed by Judgment No. 584/2019, in a labour dispute with Cabinda Gulf Oil Company, applied for that judgment to be rectified and reformed, alleging…
PDF
691/202125 AUG 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 815-C/2020 · Rapp. Victória Manuel da Silva Izata
A convicted citizen lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court Criminal Chamber judgment upholding his conviction and increasing his sentence from 12 to 16 years' imprisonment,…
PDF
690/202125 AUG 2021
Request for clarification
Case No. 821-A/2020 · Rapp. Carlos Manuel dos Santos Teixeira
The appellant requested clarification of Judgment No. 662/2021, which had declared a Supreme Court judgment unconstitutional for increasing his sentence without reasons and returned the case for reconsideration. He argued that…
PDF
689/202125 AUG 2021
Abstract subsequent review
Case No. 856-D/2020 · Rapp. Carlos Manuel dos Santos Teixeira
The UNITA Parliamentary Group requested abstract subsequent review of Articles 25 and 29 of Presidential Decree No. 276/20, which restricted activities, meetings and gatherings on public roads during the COVID-19 public calamity,…
PDF
688/202109 AUG 2021
Prior review
Case No. 984-D/2021 · Rapp. Simão de Sousa Victor
The President of the Republic requested prior review of the Constitutional Revision Law approved by the National Assembly in June 2021. The Court found that the formal and circumstantial limits on revision had been respected, but…
PDF
687/202116 JUN 2021
Application for annulment (of Judgment No. 663/2021)
Case No. 783-C/2019 · Rapp. Carlos Magalhães
A citizen who had been an appellant in the case leading to Judgment No. 663/2021 applied for its annulment for failure to rule, arguing that the Court had not addressed the alleged partiality of the Supreme Court or the lack of…
PDF
686/202115 JUN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 844-D/2020 · Rapp. Carlos Manuel dos Santos Teixeira
Agroway, Lda. appealed against a Supreme Court judgment upholding the refusal of its application for legal aid in enforcement opposition proceedings against the General Tax Administration, invoking the right of access to law and…
PDF
685/202115 JUN 2021
Appeal to the Plenary (against the President's order)
Case No. 840-D/2020 · Rapp. Carlos Manuel dos Santos Teixeira
PREVEL – Organizações Joravi, Lda. appealed to the Plenary against the order of the President of the Court closing its extraordinary appeal on grounds of unconstitutionality for failure to prove when it was notified of the…
PDF
684/202115 JUN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 817-A/2020 · Rapp. Guilhermina Contreiras da Costa Prata
Bom Preço Participações, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding the rejection of its objection to enforcement of a customs debt it claimed was time-barred,…
PDF
683/202126 MAY 2021
Abstract subsequent review
Case No. 860-D/2020 · Rapp. Simão de Sousa Victor
The CASA-CE parliamentary group requested subsequent abstract review of provisions of Presidential Decree No. 276/20, which limited meetings and banned gatherings of more than five people on public roads to combat COVID-19, and…
PDF
682/202125 MAY 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 854-B/2020 · Rapp. Victória Manuel da Silva Izata
The appellant, in pre-trial detention ordered by the Public Prosecution Service, appealed against the Supreme Court judgment refusing his habeas corpus application, citing chronic illness, risks to his safety, lack of reasoning…
PDF
681/202125 MAY 2021
Political parties and coalitions
Case No. 848-D/2020 · Rapp. Victória Manuel da Silva Izata
An FNLA member sought annulment of the party President's acts since February 2019, claiming the term from the 2015 Congress had ended, suspension of the leadership bodies and recognition of the right to internal democracy. In its…
PDF
680/202119 MAY 2021
Request for clarification
Case No. 789-A/2020 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
The appellant, convicted of offences including corruption, tax fraud and criminal association, requested clarification of Judgment No. 673/2021, alleging, among other things, failure to apply more favourable new criminal…
PDF
679/202118 MAY 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 863-C/2020 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
A foreign national appealed against the Supreme Court judgment refusing him habeas corpus, alleging that he had been arrested outside flagrante delicto and without a warrant, in breach of Articles 63 and 64 of the Constitution,…
PDF
678/202118 MAY 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 780-D/2019 · Rapp. Guilhermina Contreiras da Costa Prata
A citizen appealed to the Plenary against the order of the President of the Constitutional Court rejecting his extraordinary appeal against a civil judgment of the Supreme Court for failure to exhaust ordinary remedies. The Court…
PDF
677/202107 APR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 748-D/2019 · Rapp. Carlos Magalhães
A citizen convicted of aggravated theft lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding his sentence, alleging lack of evidence and that the trial had proceeded with…
PDF
676/202107 APR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 838-B/2020 · Rapp. Guilhermina Contreiras da Costa Prata
A defendant convicted at first instance lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment rejecting his habeas corpus application as moot, alleging excessive pre-trial detention…
PDF
675/202106 APR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 861-A/2020 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
The appellant, held in pre-trial detention for active corruption, lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court refusing his habeas corpus…
PDF
673/202109 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 789-A/2020 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
Two appellants, convicted of aggravated tax fraud and, in one case, also of criminal association and money laundering, challenged the judgment of the Criminal Chamber of the Supreme Court, alleging a substantial alteration of the…
PDF
672/202109 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 778-B/2019 · Rapp. Carlos Alberto Bravo Burity da Silva
The company Lumanhe – Extracção Mineira, Importação e Exportação, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding corrections by the General Tax Administration…
PDF
671/202109 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 779-C/2020 · Rapp. Victória Manuel da Silva Izata
A former partner appealed against a Supreme Court judgment overturning an order requiring Angoalissar – Comércio e Indústria, Lda. to pay him dividends and compensation for his exclusion, invoking equality and the rights to…
PDF
674/202106 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 794-B/2020 · Rapp. Victória Manuel da Silva Izata
Pumangol, Lda brought an extraordinary appeal on grounds of unconstitutionality against an order of the President of the Supreme Court declining to hear its complaint against the rejection, as out of time, of an appeal in labour…
PDF
670/202103 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 823-/2020 · Rapp. Júlia de Fátima Leite Ferreira
A citizen convicted at first instance, with an appeal pending and detained since February 2018, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment refusing his habeas corpus…
PDF
669/202103 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 800-D/2020 · Rapp. Júlia de Fátima Leite Ferreira
Two workers lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding the acquittal of their employer, decided by summary judgment without a trial hearing or hearing of the…
PDF
668/202103 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 850-B/2020 · Rapp. Simão de Sousa Victor
The appellant, an assisting party (private prosecutor) in defamation proceedings, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding the defendant's acquittal, alleging a…
PDF
666/202103 MAR 2021
Political parties and coalitions
Case No. 842-B/2020 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva
A member of the National Electoral Commission (CNE) nominated by the FNLA sought an unspecified interim measure against the party's President, who had notified him that his CNE functions would end, arguing that replacement was a…
PDF
667/202102 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 791-C/2020 · Rapp. Josefa Antónia dos Santos Neto
The appellant, a National Police officer convicted by the military courts of insubordination, with an additional penalty of dismissal upheld by the Supreme Military Court, alleged breaches of his rights to dignity, life, a…
PDF
665/202102 MAR 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 806-B/2020 · Rapp. Victória Manuel da Silva Izata
The appellant, remanded in custody on two separate occasions in the same criminal case, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment refusing his habeas corpus application,…
PDF
664/202103 FEB 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 812-D/2020 · Rapp. Simão de Sousa Victor
Four citizens appealed over the Supreme Court's failure, for more than 180 days, to decide a popular action against the decision of the Superior Council of the Judiciary (CSMJ) designating the winner of the competition for…
663/202102 FEB 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 783-C/2019 · Rapp. Carlos Magalhães
Four defendants convicted by the Plenary of the Supreme Court of embezzlement, unlawful economic interest in business, undue receipt of advantage and abuse of power lodged an extraordinary appeal on grounds of…
PDF
662/202120 JAN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 821-A/2020 · Rapp. Carlos Manuel dos Santos Teixeira
A citizen convicted of vehicle theft and forgery lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment increasing his sentence from 12 to 16 years' imprisonment, alleging lack of…
PDF
661/202119 JAN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 841-A/2020 · Rapp. Simão de Sousa Victor
Two citizens sentenced to three years' imprisonment lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Common Crimes Division of the Luanda Provincial Court, invoking breach of the right to…
PDF
661/202119 JAN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 841-A/2020 · Rapp. Simão de Sousa Victor
Two individuals sentenced by the Luanda Provincial Court to 3 years' imprisonment lodged an extraordinary appeal on grounds of unconstitutionality directly against the first-instance judgment, invoking the rights to a fair trial…
PDF
660/202119 JAN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 805-A/2020 · Rapp. Carlos Alberto Bravo Burity da Silva
The appellant brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding his two-year prison sentence for passive corruption, alleging breaches of the adversarial principle, the…
PDF
660/202119 JAN 2021
Extraordinary appeal on grounds of unconstitutionality
Case No. 805-A/2020 · Rapp. Carlos Alberto Bravo Burity da Silva
The appellant, sentenced to two years' imprisonment for passive corruption, lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Criminal Chamber of the Supreme Court upholding his…
PDF