| Angola Constitution
Part
I Fundamental Principles
Article 1
The Republic of Angola shall be a sovereign and independent
nation whose primary objective shall be to build a free and democratic society
of peace, justice and social progress.
Article 2
The Republic of Angola shall be a democratic State based on the rule of law,
national unity, the dignity of the individual, pluralism of expression and
political organization, respecting and guaranteeing the basic rights and
freedoms of persons, both as individuals and as members of organized social
groups.
Article 3
(1) Sovereignty shall be vested in the people, who shall exercise it in the
manner provided for in the present Law.
(2) The Angolan people shall exercise political power through periodic
universal suffrage to choose their representatives, by means of referendums and
other forms of democratic participation in national life.
(3) Special laws shall regulate the process of general elections.
Article 4
(1) Political parties, within the framework of the present law and statutory
laws, shall compete, on the basis of a project for society and a political program,
to organize and express the will of citizens, participating in political life
and the exercise of universal suffrage by democratic and peaceful means.
(2) Political parties shall, in their objectives, program and activity,
contribute to:
(a) The consolidation of the Angolan nation, national independence and
strengthened national unity;
(b) The safeguarding of territorial integrity;
(c) The defense of national sovereignty and democracy;
(d) The protection of fundamental freedoms and the rights of the individual;
(e) The defense of the republican form and unitary and secular nature of the
State.
(3) Political parties shall be entitled to equal treatment by those exercising
public power, as well as to equal treatment by the press, in accordance with the
law.
(4) The constitution and functioning of parties shall, in accordance with the
law, comply with the following fundamental principles:
(a) National in character and scope;
(b) Free constitution;
(c) Public pursuance of aims;
(d) Freedom of membership and single membership;
(e) Exclusive use of peaceful means in pursuing their aims, prohibiting the
creation or use of military, paramilitary or militarized organizations;
(f) Democratic organization and functioning;
(g) Prohibition to receive contributions of monetary or economic value from
foreign governments or governmental institutions.
Article 5
The Republic of Angola
shall be a unitary and indivisible State whose inviolable and inalienable
territory shall be that defined by the present geographical limits of Angola, and any
attempt at separatism or dismemberment of its territory shall be vigorously
combated.
Article 6
The State shall exercise its sovereignty over the territory, internal and
territorial waters, air space, soil and sub-soil.
Article 7
Economic, social and cultural solidarity between all regions of the Republic of Angola shall be promoted and
intensified, with a view to the common development of the Angolan nation as a
whole.
Article 8
(1) The Republic of Angola
shall be a secular State, and there shall be separation between the State and
churches.
(2) Religions shall be respected and the State shall protect churches and
places and objects of worship, provided they abide by the laws of the State.
Article 9
The State shall guide the development of the national economy, with a view to
guaranteeing harmonious and balanced growth of all sectors and regions of the
country, and rational and efficient use of all productive capacity and national
resources, as well as heightening the well-being and quality of life of
citizens.
Article 10
The economic system shall be based on the coexistence of diverse forms of
property - public, private, mixed, cooperative and family - and all shall enjoy
equal protection. The State shall encourage participation in the economic
process of all agents and forms of property, creating conditions for them to
function efficiently in the interests of national economic development and
satisfying the needs of citizens.
Article 11
(1) Sectors and activities that remain the preserve of the State shall be
determined by law.
(2) In the use and exploitation of public property, the State shall guarantee
efficiency and profitability, in accordance with the proposed aims and
objectives.
(3) The State shall encourage the development of private, mixed, cooperative
and family enterprises, creating conditions for them to operate, and shall give
special support to small and medium-scale economic activity, in accordance with
the law.
(4) The State shall protect foreign investment and foreign property, in
accordance with the law.
Article 12
(1) All natural resources existing in the soil and subsoil, in internal and
territorial waters, on the continental shelf and in the exclusive economic
area, shall be the property of the State, which shall determine under what
terms they are used, developed and exploited.
(2) The State shall promote the protection and conservation of natural
resources guiding the exploitation and use thereof for the benefit of the
community as a whole.
(3) Land, which is by origin the property of the State, may be transferred to
individuals or corporate bodies, with a view to rational and full use thereof,
in accordance with the law.
(4) The State shall respect and protect people's property, whether individuals
or corporate bodies, and the property and ownership of land by peasants,
without prejudice to the possibility of expropriation in the public interest,
in accordance with the law.
Article 13
Any nationalization or confiscation carried out under the appropriate law shall
be considered valid and irreversible for all legal purposes, without prejudice
to the provisions of specific legislation on reprivatization.
Article 14
(1) The fiscal system shall aim at meeting the economic, social and administrative
needs of the State and ensuring the fair distribution of income and wealth.
(2) Taxes may he created or abolished only by law, which shall determine
applicability, rates, tax benefits and guarantees for taxpayers.
Article 15
The Republic of Angola shall respect and implement the principles of the United
Nations Charter, the Charters of the Organization of African Unity and the
Movement of Non-Aligned Countries, and shall establish relations of friendship
and cooperation with all States, based on the principles of mutual respect for
sovereignty and territorial integrity, non-interference in the internal affairs
of each country and reciprocal advantages.
Article 16
The Republic of Angola shall support and be in
solidarity with the struggles of peoples for national liberation and shall
establish relations of friendship and cooperation with all democratic forces in
the world.
Article 17
The Republic of Angola shall not join any international
military organization or permit the establishment of foreign military bases on
its national territory.
Part II
Fundamental Rights and Duties
Article 18
(1) All citizens shall be equal under the law and shall enjoy the same rights
and be subject to the same duties, without distinction as to color, race,
ethnic group, sex, place of birth, religion, ideology, level of education or
economic or social status.
(2) All acts aimed at jeopardizing social harmony or creating discrimination or
privileges based on those factors shall be severely punishable by law.
Article 19
(1) Angolan nationality may be by origin or acquired.
(2) The requirements for the attribution, acquisition, loss or re-acquisition
of Angolan nationality shall be determined by law.
Article 20
The State shall respect and protect the human person and human dignity. Every
citizen shall be entitled to the free development of his or her personality,
with due respect for the rights of other citizens and the highest interests of
the Angolan nation. The life, freedom, personal integrity, good name and
reputation of every citizen shall be protected by law.
Article 21
(1) The fundamental rights provided for in the present Law shall not exclude
others stemming from the laws and applicable rules of international law.
(2) Constitutional and legal norms related to fundamental rights shall be
interpreted and incorporated in keeping with The Universal Declaration of the
Rights of Man, the African Charter on the Rights of Man and Peoples and other
international instruments to which Angola has adhered.
(3) In the assessment of disputes by Angolan courts, those international
instruments shall apply even where not invoked by the parties.
Article 22
(1) The State shall respect and protect the life of the human person.
(2) The death penalty shall be prohibited.
Article 23
No citizen may be subjected to torture or any other cruel, inhuman or degrading
treatment or punishment.
Article 24
(1) All citizens shall have the right to live in a healthy and unpolluted
environment.
(2) The State shall take the requisite measures to protect the environment and
national species of flora and fauna throughout the national territory and
maintain ecological balance.
(3) Acts that damage or directly or indirectly jeopardize conservation of the
environment shall be punishable by law.
Article 25
(1) Any citizen may move freely and reside in any part of the national
territory, and shall not be impeded from so doing for political or any other
reasons, except in cases provided for under Article 50 of the present Law, and
where for the protection of the economic interests of the nation the law
determines restrictions on citizens having access to or residing in reserve or
mining areas.
(2) All citizens shall be free to leave and enter the national territory, without
prejudice to limitations stemming from the fulfillment of legal duties
Article 26
Any foreign or expatriate citizen shall be guaranteed the right to ask for
asylum in the event of persecution for political reasons, in accordance with
the laws in force and international instruments.
Article 27
(1) The extradition or expulsion of Angolan citizens from the nations territory
shall not be permitted.
(2) The extradition of foreign citizens for political motives or for charges
punishable by the death penalty under the laws of the applicant county shall
not be permitted.
(3) In accordance with the law, Angolan courts shall know the charges made
against citizens whose extradition is not permitted under the foregoing
paragraphs of the present Article.
Article 28
(1) It shall be the right and duty of all citizens aged over 18, other than
those legally deprived of political and civil rights, to take an active part in
public life, to vote and stand for election to any State body, and to fulfill
their offices with full dedication to the cause of the Angolan nation.
(2) No citizen shall suffer discrimination in respect of employment, education,
placement, professional career or social benefits to which he or she is
entitled owing to political posts held or to the exercise of political rights.
(3) The law shall establish limitations in respect of the non-party
affiliations of soldiers on active service, judges and the police forces, as
well as the electoral incapacity of soldiers on active service and police forces.
Article 29
(1) The family, the basic nucleus of social organization, shall be protected by
the State, whether based on marriage or de facto union.
(2) Men and women shall be equal within the family, enjoying the same rights
and having the same duties.
(3) The family, with special collaboration by the State, shall promote and
ensure the all-round education of children and young people.
Article 30
(1) Children shall be given absolute priority and shall therefore enjoy special
protection from the family, the State and society with a view to their
all-round development.
(2) The State shall promote the harmonious development of the personality of
children and young people and create conditions for their integration and
active participation in the life of society.
Article 31
The State, with the collaboration of the family and society, shall promote the
harmonious development of the personality of young people and create conditions
for fulfillment of the economic, social and cultural rights of the youth,
particularly in respect of education, vocational training, culture, access to a
first job, labor, social security, physical education, sport and use of leisure
time.
Article 32
(1) Freedom of expression, assembly, demonstration and all other forms of
expression shall be guaranteed.
(2) The exercise of the rights set out in the foregoing paragraph shall be
regulated by law.
(3) Groupings whose aims or activities are contrary to the fundamental
principles set out in Article 158 of the Constitutional Law and penal laws, and
those that, even indirectly, pursue political objectives through organizations
of a military, paramilitary or militarized character, secret organizations and
those with racist, fascist or tribalist ideologies shall be prohibited.
Article 33
(1) The right to professional and trade union organization shall be free, and
the forms in which it is exercised shall be guaranteed by law.
(2) All citizens shall have the right to organize and take part in trade union
activity, which shall include the right to constitute and freely join trade
unions.
(3) Adequate protection for the elected representatives of workers against any
form of restriction, constraint or limitation on the performance of their
duties shall be established by law.
Article 34
(1) Workers shall have the right to strike.
(2) A specific law shall regulate the exercise of the right to strike and
limitations thereto in essential services and activities, in the pressing
public interest.
(3) Lockouts shall be prohibited.
Article 35
Freedom of the press shall be guaranteed and may not be subject to any
censorship, especially political, ideological or artistic. The manner of
the exercise of freedom of the press and adequate provisions to prevent and punish
any abuse thereof shall be regulated by law.
Article 36
(1) No citizen may be arrested or put on trial except in accordance with the
law, and all accused shall be guaranteed the right to defense and the right to
legal aid and counsel.
(2) The State shall make provision to ensure that justice shall not be denied
owing to insufficient economic means.
(3) No one shall be sentenced for an act not considered a crime at the time
when it was committed.
(4) The penal law shall apply retroactively only when beneficial to the
accused.
(5) The accused shall be presumed to be innocent until a judicial decision is
taken by the court.
Article 37
Preventive detention shall be permitted only in cases provided for by the law,
which shall establish the limits and periods thereof.
Article 38
Any citizen subject to preventive detention shall be taken before a competent
judge to legalize the detention and be tried within the period provided for by
law or released.
Article 39
No citizen shall be arrested without being informed of the charge at the time
of arrest.
Article 40
Any arrested citizen shall have the right to receive visits from family members
and friends, and to correspond therewith, without prejudice to the conditions
and restrictions provided for by law.
Article 41
Any citizen sentenced shall have the right to appeal to the competent court or
to the Supreme Court against the judicial decision taken in accordance with the
law.
Article 42
(1) To prevent any abuse of power through imprisonment or illegal detention, a
writ of habeas corpus may be presented to the competent legal court by
the person concerned or any other citizen.
(2) The right to habeas corpus shall be regulated by law.
Article 43
Citizens shall have the right to contest and take legal action against any acts
that violate their rights as set out in the present Constitutional Law and
other legislation.
Article 44
The State shall guarantee the inviolability of the home and the secrecy of
correspondence, with limitations especially provided for by law.
Article 45
Freedom of conscience and belief shall be inviolable. The Angolan State
shall recognize freedom of worship and guarantee its exercise, provided it does
not conflict with public order and the national interest.
Article 46
(1) Work shall be the right and duty of all citizens.
(2) Every worker shall have the right to fair pay, rest, holidays, protection,
health and security at work, in accordance with the law.
(3) Citizens shall have the right freely to choose and exercise an occupation,
apart from requirements established by law.
Article 47
(1) The State shall promote the measures needed to ensure the right of citizens
to medical and health care, as well as child, maternity, disability and old-age
care, and care in any situation causing incapacity to work.
(2) Private and cooperative enterprise in health, social welfare and social
security shall be exercised in accordance with the law.
Article 48
Disabled combatants of the national liberation struggle, the minor children of
citizens who died in the war and those physically or mentally handicapped as a
result of war shall have special protection, to be established by law.
Article 49
(1) The State shall promote access to education, culture and sports for all
citizens, guaranteeing participation by various private agents in the provision
thereof, in accordance with the law.
(2) Private and cooperative enterprise in education shall be practiced in
accordance with the law.
Article 50
The State shall create the requisite political, economic and cultural
conditions to enable citizens effectively to enjoy their rights and fully
perform their duties.
Article 51
The State shall protect Angolan citizens abroad or resident abroad, who shall
enjoy the rights and be subject to duties that are not incompatible with their
absence from the country, without prejudice to the effects of unjustified
absence provided for by law.
Article 52
(1) The exercise of the rights, freedoms and guarantees of citizens may be restricted
or suspended only in accordance with the law if such Constitute a threat to
public order, community interests, individual rights, freedoms and guarantees,
or in the event of the declaration, a state of siege or emergency, and such
restrictions shall always be limited to necessary and adequate measures to
maintain public order, in the interest of the community and the restoration of
constitutional normality.
(2) On no account shall the declaration of a state of siege or state of
emergency affect the right to life, personal integrity, personal identity,
civil capacity, citizenship, the non-retroactive nature of penal law, the right
of the accused to defense or freedom of conscience and religion.
(3) A state of siege and state of emergency shall be regulated by a specific
law.
Part III
State Bodies
Chapter I
Principles
Article 53
(1) The President of the Republic, the National Assembly, the Government and
the Courts shall be sovereign bodies.
(2) The formation, composition, powers and functioning of the sovereign bodies
shall be set out in the present Law.
Article 54
State bodies shall be organized and function in keeping with the following
principles:
(a) Members of representative bodies shall be elected in accordance with the
appropriate Electoral Law;
(b) State bodies shall be subject to the law, which they shall obey;
(c) The functions of sovereign bodies shall be separate and interdependent;
(d) There shall be local autonomy;
(e) There shall be administrative decentralization and devolution, without
prejudice to governmental and administrative unity of action;
(f) Holders of political posts shall be civilly and criminally answerable for
actions and omissions committed in the discharge of their duties;
(g) Decisions of collegial bodies shall be taken in keeping with the principles
of free discussion and criticism and acceptance of the will of the majority.
Article 55
The territory of the Republic of Angola shall, for political and administrative
purposes, be divided into Provinces, Municipalities, Communes and Neighborhoods
or Villages.
Chapter II Office of the President of the Republic
Section I President of the
Republic
Article 56
(1) The President of the Republic shall be the Head of State, symbolize national
unity, represent the nation domestically and internationally, ensure compliance
with the Constitutional Law, and shall be Commander-in-Chief of the Angolan
Armed Forces.
(2) The President of the Republic shall define the country's political policy,
ensure the proper functioning of State bodies and guarantee national
independence and the country's territorial integrity.
Article 57
(1) The President of the Republic shall be elected by universal, direct, equal,
secret and periodic suffrage by citizens resident in the national territory, in
accordance with the law.
(2) The President of the Republic shall be elected by an absolute majority of
valid votes. If no candidate obtains one, there shall be a second vote in which
only the two candidates who obtained the greatest number of votes in the first
and who have not withdrawn may compete.
Article 58
Natural born Angolan citizens of over 35 years of age and enjoying full civil
and political rights shall be eligible to the post of President of the Republic.
Article 59
The President of the Republic shall serve a five-year term of office which
shall end on the swearing in of the new elected President. The President of the
Republic may be re-elected for two consecutive or discontinuous terms of office.
Article 60
(1) Candidacies to the post of President of the Republic shall be presented by
legally constituted political parties or coalitions of political parties or by
at least five thousand and no more than ten thousand voters.
(2) Candidacies shall be presented to the President of the Supreme Court no
less than sixty days prior to the scheduled election date.
(3) In the event of the definitive incapacity of any presidential candidate, a
new candidate may be nominated to substitute the incapacitated candidate, in
accordance with the law.
Article 61
(1) The election of the President of the Republic shall take place within
thirty days of the expire of the term of office of the incumbent President.
(2) In the event of the post of President of the Republic falling vacant, the
election of the new President of the Republic shall take place within ninety
days of the date of the vacancy.
Article 62
(1) The President of the Republic shall be sworn in before the Supreme Court,
on the last day of day term of office of the outgoing President.
(2) In the event of an election owing to a vacancy, the swearing in shall take
place within fifteen days of the publication of the election results.
(3) At the swearing in ceremony the elected President of the Republic shall
take the following oath:
"I swear on my honor to perform with full dedication the duties with
which I have been invested, to fulfill and ensure fulfillment of the
Constitution of the Republic of Angola, to defend the unity of the nation, the
integrity of the national soil, to promote and consolidate peace, democracy and
social progress."
Article 63
(1) The President of the Republic may renounce the term of office in a message
addressed to the National Assembly and on informing the Supreme Court.
(2) Renunciation shall take effect when the National Assembly is acquainted
with the message, without prejudice to its subsequent publication in the D�ario
da Rep�blica.
Article 64
(1) In the event of a temporary disability or vacancy, the post of President of
the Republic shall be filled in the interim by the President of the National
Assembly or, if unable to do so, by the deputy thereof.
(2) The President of the National Assembly's office as a member of parliament,
and that of the deputy thereof, shall be automatically suspended for the
duration of the interim powers of President of the Republic.
Article 65
(1) The President of the Republic shall not be responsible for acts carried out
during the discharge of his duties, except in the case of bribery or treason.
(2) Proceedings shall be initiated by the National Assembly, on the proposal of
one-fifth and a decision approved by a two-thirds majority of Members present,
and the trial shall be conducted by the Supreme Court.
(3) Sentencing shall imply dismissal from the post and impossibility of
standing as a candidate for another term of office.
(4) The President of the Republic shall be answerable to the ordinary courts
after the end of his term of office for offenses unrelated to the discharge of his
duties.
Article 66
The President of the Republic shall have the following powers:
(a) To appoint the Prime Minister, after hearing the political parties
represented in the National Assembly;
(b) To appoint and dismiss the other members of the Government and the Governor
of the National Bank of Angola, on the proposal of the Prime Minister;
(c) To end the term of office of the Prime Minister and dismiss the Government,
after consultation with the Council of the Republic;
(d) To preside over the Council of Ministers;
(e) To decree the dissolution of the National Assembly after consultation with
the Prime Minister, the President of the National Assembly and the Council of
the Republic;
(f) To preside over the Council of the Republic;
(g) To appoint and dismiss ambassadors and receive the credentials of foreign
diplomatic representatives;
(h) To appoint Supreme Court judges after hearing the High Council of the
Judicial Bench;
(i) To appoint and dismiss the Attorney General, the Deputy Attorney General and
the Assistants to the Attorney General. on the proposal of the High Council of
the Ministry of Justice Bench;
(j) To appoint members of the High Council of the Judicial Bench, in accordance
with Article 132 of the Constitutional Law;
(k) To call elections of the President of the Republic and Members of the
National Assembly, in accordance with the present Law and the Electoral Law;
(1) To preside over the National Defense Council;
(m) To appoint and dismiss the Chief of General Staff of the Angolan Armed Forces
and the deputies thereof, where applicable, and the Chiefs of Staff of the
different branches of the Armed Forces;
(n) To appoint generals of the Angolan Armed Forces, after hearing the National
Defense Council;
(o) To call referendums, in accordance with Article 73 of the present Law;
(p) To declare war and make peace, after hearing the Government and following
authorization by the National Assembly;
(q) To issue pardons and commute sentences;
(r) To declare a state of siege or state of emergency, in accordance with the
law;
(s) To sign and promulgate laws approved by the National Assembly and executive
laws approved by the Government;
(t) To address messages to the National Assembly and convene it in special
session;
(u) To make statement on serious emergencies in national life and, in this
event, to the measures provided for in the following article of the present
Law;
(v) To award decorations, in accordance with the law;
(w) To ratify international treaties, when duly approved, and sign the instruments
of approval of other treaties in simplified form;
(x) To request of the Constitutional Court prior assessment or declaration of
the unconstitutional nature of judicial rules and verify whether they are
unconstitutional by omission.
Article 67
(1) The President of the Republic, after consultation with the Prime Minister
and the President of the National Assembly, shall take appropriate measures
whenever the institutions of the Republic, the independence of the nation,
territorial integrity or the fulfillment of international commitments are
seriously and immediately threatened and the regular activity of constitutional
public office interrupted.
(2) The President of the Republic shall inform the nation of all these factors
through a message.
(3) For the duration of the special powers, the Constitution shall not be
amended and the National Assembly shall not be dissolved.
Article 68
(1) In presiding over the Council of Ministers, the President of the Republic
shall:
(a) Convene the Council of Ministers and set its agenda, after hearing the
Prime Minister;
(b) Direct and guide meetings and sessions of the Council of Ministers.
(2) The President of the Republic may expressly delegate the Prime Minister to
preside over the Council of Ministers.
Article 69
(1) The President of the Republic shall promulgate laws thirty days after
receiving them in the National Assembly.
(2) Within this period, the President of the Republic may request the National
Assembly to consider the law or any of its provisions.
(3) If after reconsideration a two-thirds majority of the Members of the
National Assembly are in favor of approving the law, the President of Republic
shall promulgate the law within fifteen days of receiving it.
Article 70
After they have been signed by the Prime Minister, the President of the
Republic shall sign Government decrees thirty days after receiving them and
shall inform the Government of the reasons for refusing to sign them.
Article 71
The laws referred to in Article 66 (s) not promulgated by the President of the
Republic, and Government decrees not signed by the President of the Republic,
shall be null and void.
Article 72
The interim President of the Republic shall not dissolve the National Assembly
or call referendums.
Article 73
(1) The President of the Republic may, on the proposal of the Government or the
National Assembly, submit to a referendum draft laws or the ratification of
international treaties which, without being contrary to the Constitution,
affect the organization of public department and the functioning of
institutions.
(2) The holding of constitutional referendums shall be prohibited.
(3) The President of the Republic shall promulgate draft laws and ratify
international treaties approved by referendum within fifteen days.
Article 74
In the exercise of his powers, the President of the Republic shall issue
presidential decrees and dispatches that shall be published in the D�ario da
Rep�blica.
Section II Council of the Republic
Article 75
(1) The Council of the Republic shall be the political consultative body of the
President of the Republic, and shall:
(a) State its views on the dissolution of the National Assembly;
(b) State its views on the resignation of the Government;
(c) State its views on the declaration of war and making of peace;
(d) State its views on acts of the interim President of the Republic in respect
of the appointment of the Prime Minister, the resignation of the Government,
the appointment and dismissal of the Attorney General, the Chief of General
Staff of the Angolan Armed Forces and the deputies thereof, and the Chiefs of
Staff of the different branches of the Armed Forces;
(e) Advise the President of the Republic in the exercise of his powers when so
requested by the President of the Republic;
(f) Approve the regulations of Council of the Republic.
(2) In exercising its powers, the Council of the Republic shall issue reports
that shall be made public at the appropriate ceremony.
Article 76
The Council of the Republic shall be presided over by the President of the
Republic and shall be composed of the following members:
(a) The President of the National Assembly;
(b) The Prime Minister;
(c) The President of the Constitutional Court;
(d) The Attorney General;
(e) Former President of the Republic;
(f) The Presidents of Political Parties represented in the National Assembly;
(g) Ten citizens appointed by the President of the Republic.
Article 77
(1) The members of the Council of the Republic shall be sworn in by the
President of the Republic.
(2) The members of the Council of the Republic shall enjoy the privileges and
immunities of Members of the National Assembly.
Chapter III The National Assembly
Article 78
(1) The National Assembly shall be the representative assembly of all Angolans
and express the sovereign will of the Angolan people.
(2) The National Assembly shall be regulated by the provisions of the present
Law and by Regulations approved by itself.
Article 79
(1) The National Assembly shall be composed of two hundred and twenty-three
Members elected by universal, equal, direct, secret and periodic suffrage for a
four-year term of office.
(2) Members of the National Assembly shall be elected through the system of
proportional representation, based on the following criteria:
(a) Each province shall by right be represented in the National Assembly by
five Members, and each province shall for this purpose Constitute an electoral
college;
(b) The remaining one hundred and thirty Members shall be elected at national
level, and the country shall for this purpose be considered a single electoral
college;
(c) For Angolan communities abroad, there shall be constituted a single
electoral college of three Members, two in the Africa region and one in the
rest of the world.
Article 80
Candidates shall be presented by political parties individually or in
coalition, and the list may include citizens who are not members of the parties
concerned, in accordance with the Electoral Law.
Article 81
The term of office of a Member shall start at the first session of the National
Assembly after the elections and end with the first session after subsequent
elections, without prejudice to suspension or individual ending of term of
office.
Article 82
(1) The term of office a Member shall be incompatible with:
(a) A ministerial post;
(b) Paid employment by foreign companies or international organizations;
(c) Being president and member of the administrative board of a limited
company, a shareholding manager of a company, director general or deputy
director general of a public enterprise;
(2) The following may not be Members:
(a) Judicial or Ministry of Justice judges;
(b) Members of military or militarized forces on active service.
(3) Citizens who have acquired Angolan nationality may be candidates seven
years after the acquisition of nationality.
Article 83
Members of the National Assembly shall have the right, in accordance with the
Constitutional Law and the Regulations of the National Assembly, to question
the Government or any of the members thereof, and to obtain from all public
bodies and enterprises the cooperation needed to discharge their duties.
Article 84
(1) No Member of the National Assembly shall be detained or arrested without
authorization by the National Assembly or the Standing Commission thereof,
unless caught in flagrante delicto committing a felony punishable by
imprisonment.
(2) Members shall not be held responsible for views they express in the
discharge of their duties.
Article 85
A Member may lose his or her seat for any of the following reasons:
(a) The incapacitates or incompatibilities provided for by law;
(b) Not taking his or her seat in the National Assembly or exceeding the number
of absences stipulated in the Regulations;
(c) Joining a party other than the one from whose list or she was elected.
Article 86
A Member may renounce his or her seat through a written statement with
notarized signature personally handed to the President of the National
Assembly.
Article 87
(1) The temporary substitution of a Member shall be accepted under the
following circumstances:
(a) For holding a public post incompatible with the office of a Member under
the present Law;
(b) Owing to an illness of more than forty-five days duration.
(2) In the event of the temporary situation of a Member, the vacancy shall be
filled in accordance with order of precedence by the following candidate on the
list to which the office holder of the vacancy belonged and who is not unable
to assume the seat.
(3) In the event of a vacancy caused by a Member elected by a coalition, the
seat shall be given to the next unelected candidate proposed by the political
party to which the substituted Member belonged.
(4) If the list to which the holder of the vacant seat belonged has no
unelected candidates, the seat shall not be filled.
Article 88
The National Assembly shall:
(a) Amend the current Constitutional Law and approve the Constitution of the
Republic of Angola;
(b) Approve laws on all matters, except those reserved by the Constitutional
Law for the Government;
(c) Confer legislative authorizations on the Government;
(d) Approve, on the proposal of the Government, the National Plan and the
General State Budget;
(e) Approve, on the proposal of the Government, the reports on the execution of
the National Plan and the General State Budget;
(f) Authorize the Government to contract and grant loans and perform other
credit operations not involving a floating debt, setting out the general terms
thereof and establishing the maximum limits of suretyships to be granted
annually by the Government;
(g) Establish and alter the political and administrative division of the
country;
(h) Grant amnesties and general pardons;
(i) Authorize the President of the Republic to declare a state of siege or
state of emergency, setting our the extension, suspension of constitutional
guarantees and monitor the implementation thereof;
(j) Authorize the President of the Republic to declare war and make peace;
(k) Approve international treaties on matters within its absolute legislative
powers, as well as treaties on peace, Angola's participation in international
organizations, the rectification of borders, friendship, defense, military
matters and any others submitted to it by the Government;
(l) Ratify decrees;
(m) Promote proceedings against the President of the Republic for the crimes of
bribery or treason;
(n) Vote motions of confidence or no confidence in the Government;
(o) Draft and approve the Regulations of the National Assembly;
(p) Elect the President and Vice-Presidents of the National Assembly and other
members of the Standing Commission by an absolute majority of Members present;
(q) Constitute the Working Commissions of the National Assembly in accordance
with the representativity of parties in the Assembly;
(r) Perform other duties assigned to it by the Constitution and the law.
Article 89
The National Assembly shall have full and sole legislative powers on the
following matters:
(a) Acquisition, loss and re-acquisition of nationality;
(b) Rights, freedoms and basic guarantees of citizens;
(c) Elections and the status of office holders in sovereign bodies, local
government and other constitutional bodies;
(d) Ways and means of organizing and running local government bodies;
(e) System of referendum;
(f) Organization, functioning and proceedings of the Constitutional Court;
(g) Organization of national defense and general basis of organization,
functioning and discipline of the Angolan Armed Forces;
(h) System of state of siege and state of emergency;
(I) Associations and political parties;
(j) Judicial organization and status of judicial and Ministry of Justice
judges;
(k) Monetary system and system of weights and measures;
(1) Definition of limits of territorial waters, exclusive economic area and
Angola's rights to contiguous sea beds;
(m) Definition of sectors reserved for the State in respect of the economy, and
the basis for granting concessions for the exploitation of natural resources
and alienation d State property;
(n) Definition and system of national symbols;
Article 90
The National Assembly shall have relative sole legislative powers on the
following matters except where authorization is granted to the Government:
(a) Status and capacity of individuals;
(b) General organization of the public administration;
(c) Status of functionaries and civil responsibility in the public
administration;
(d) General system of requisition and expropriation in the public interest;
(e) Ways and means of intervention and nationalization of means of production
and establishment of criteria for setting compensation, as well as
re-privatization of title or exploration rights of State property, in
accordance with the basic legislation referred to in (m) of the foregoing
article;
(f) Definition of the taxation system and creation of taxes;
(g) General basis of the education system, national health service and social
security;
(h) Basis of the system of protecting nature, ecological balance and the
cultural heritage;
(i) General system of rural and urban leasing;
(j) System of land ownership and establishment of criteria for fixing the
maximum limits of private agricultural units;
(k) Participation of traditional authorities and citizens in local government;
(1) Status of public enterprises;
(m) Definition of the system of public property;
(n) Definition of crimes, penalties and security measures, and of criminal
proceedings.
Article 91
(1) The National Assembly shall, in respect of laws of legislative
authorization, define the scope, sense, extension and duration of the
authorization.
(2) The authorization referred to in the foregoing paragraph shall be forfeited
on the signal of the Government that granted it, the end of the legislature or
the dissolution of the National Assembly.
Article 92
(1) The National Assembly shall, in the exercise of its powers, issue laws for
the constitutional amendment of the Constitution of the Republic of Angola,
organic laws, laws, motions and resolutions.
(2) Acts provided for in Article 88 (a) shall take the form of a law on
constitutional amendment or amendment of the Constitution of the Republic of
Angola.
(3) Acts provided for in Article 89 (c), (d), (e), (f), 4. (g), (h) and (i)
shall take the form of organic laws.
(4) Other acts provided for in Articles 89 and 90 and those provided for in
Article 88 (d), (f) (g) and (h) shall take the form of laws.
(5) Acts provided for in Article 88 (n) shall take the form of motions.
(69 Other acts of the National Assembly, namely those provided for in Article
88 (c), (e), (i), (j), (k) (1), (m), (o) (p) and (q) and acts of the Standing
Commission, shall take the form of resolutions.
Article 93
(1) Members, parliamentary groups and the Government shall have the right to
propose legislation.
(2) Members and parliamentary groups shall not in the course of the economic
year present draft laws that involve an increase in the expenditure or decrease
in the State revenue established in the Budget.
(3) Draft laws that are definitively rejected shall not be assessed in the same
legislative session unless there is a new election of the National Assembly.
(4) Draft laws presented by the Government shall be forfeited on its
resignation.
Article 94
(1) The National Assembly shall consider executive laws approved by the Council
of Ministers for purposes of amendment or refusal to ratify, except those
falling within the Government's sole competence, at the request of ten Members
at the ten first plenary meetings of the National Assembly following its
publication.
(2) Following the consideration request and in the event that amendment
proposals are made, the Assembly may wholly or partly suspend the executive law
until the publication of the law that amends or even rejects all those
proposals.
(3) When ratification is refused, the executive law shall cease to be in force
on the day when the resolution is published in the D�ario da Rep�blica
and shall not be re-published in the course of that legislative session.
(4) Executive laws that are not subject to a request for consideration by the
National Assembly within the period and in accordance with the proceedings set
out in this article shall be deemed to have been ratified.
Article 95
(1) The National Assembly may not be dissolved within the six months subsequent
to its election, in the last quarter of the term of office of the President of
the Republic, during the term of office of the interim President of the
Republic or during a state of siege or state of emergency.
(2) Failure to observe provisions of the foregoing paragraph shall render the
dissolution decree legally null and void.
(3) When the National Assembly is dissolved, the term of office of Members and
the functions of the Standing Commission shall continue until the first meeting
of the Assembly following subsequent elections.
Article 96
(1) The legislature shall comprise four legislative sessions.
(2) Each legislative session shall last one year and shall start on 15 October.
(3) The normal period in which the National Assembly shall function shall be eight
months and shall start on 15 October, without prejudice to intervals provided
for in the Regulations of the National Assembly and suspensions determined by a
two-thirds majority of Members present.
(4) The National Assembly shall meet in ordinary session when convened by its
President.
(5) The National Assembly may meet in special session whenever necessary on the
decision of a plenary meeting or on the initiative of the Standing Commission
or of more than half of its Members.
(6) The National Assembly may meet in special session outside its normal
session on the decision of a plenary meeting, on the initiative of the Standing
Commission or more than half of its Members or when convened by the President
of the Republic
Article 97
(1) The National Assembly shall function with a simple majority of Members
present.
(2) Decisions of the National Assembly shall be taken by a simple majority of
Members present, except where the present law sets out other rules of decision.
Article 98
(1) The agenda of plenary meetings of the National Assembly shall be drafted by
its President, without prejudice to the right of appeal of the Assembly plenary
meeting.
(2) The Internal Regulations of the National Assembly shall set out the
priority of items to be put on the day's agenda.
(3) Messages from the President of the Republic to the National Assembly shall
have absolute priority over all other matters.
(4) The Government may request priority for matters the urgent solution of
which is in the national interest.
Article 99
(1) Ministers and Secretaries of State shall be entitled to attend plenary
meetings of the National Assembly, and may be assisted or substituted by Deputy
Ministers and take the floor in accordance with the Regulations of the National
Assembly.
(2) The Prime Minister and members of the Government shall appear before the
Assembly plenum
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