Angola 2010 Constitution - Page 5 of 12

Table of Contents

TITLE IV. ORGANISATION OF STATE POWER

CHAPTER I. GENERAL PRINCIPLES

Article 105. (Sovereign bodies)

The President of the Republic, the National Assembly and the courts shall be sovereign bodies.
The formation, composition, powers and functioning of the sovereign bodies shall be as defined in the Constitution.
The sovereign bodies must respect the separation and interdependence of the functions established in the Constitution.

Article 106. (Appointment of the President of the Republic and 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, under the terms of the Constitution and the law.

Article 107. (Electoral administration)

Electoral procedures shall be organised by independent electoral administration bodies whose structure, functions, composition and responsibilities shall be defined by law.
The electoral register shall be official, obligatory and permanent, under the terms of the law.

CHAPTER II. EXECUTIVE POWER

SECTION I. PRESIDENT OF THE REPUBLIC

Article 108. (Head of State and Executive Power)

The President of the Republic shall be the Head of State, the Executive Power and the Commander-in-Chief of the Angolan Armed Forces.
The President of the Republic shall exercise executive power, assisted by a Vice-President, Ministers of State and Ministers.
The Ministers of State and Ministers shall be assisted by Secretaries of State or Vice-Ministers, where they exist.
The President of the Republic shall promote and ensure national unity and the independence and territorial integrity of the country and shall represent the nation within the country and internationally.
The President of the Republic shall respect and defend the Constitution, ensure compliance with laws, agreements and international treaties and promote and guarantee the regular functioning of organs of the state.

Article 109. (Election)

The individual heading the national list of the political party or coalition of political parties which receives the most votes in general elections held under the terms of Article 142 onwards of this Constitution shall be elected President of the Republic and Head of the Executive.
The individual heading the list is identified on the ballot paper for the benefit of the voters.

Article 110. (Eligibility)

Citizens of Angolan origin aged at least thirty-five who have habitually resided in the country for at least ten years and are in full possession of their civil and political rights and physical and mental capacities shall be eligible for election as President of the Republic.
The following shall be ineligible for election as President of the Republic:
1. Citizens of any acquired nationality;
2. Serving judges and public prosecutors;
3. Serving judges of the Constitutional Court;
4. Serving judges of the Court of Auditors;
5. The Ombudsman and Deputy Ombudsman;
6. Members of electoral administration bodies;
7. Soldiers and members of the armed forces on active service;
8. Former Presidents of the Republic who have served two terms of office, have been removed from office or have resigned or abandoned their post.

Article 111. (Nominations)

Nominations for President of the Republic shall be proposed by the political parties or coalitions of political parties.
The nominations referred to in the previous point may include citizens who are not affiliated to a competing political party or coalition of political parties..

Article 112. (Date of election)

General elections must be called up to ninety days before the end of the term of office of the serving President of the Republic and Members of the National Assembly.
General elections shall be held thirty days prior to the end of the term of office of the serving President of the Republic and Members of the National Assembly.

SECTION II. TERM OF OFFICE, INAUGURATION AND SUBSTITUTION

Article 113. (Term of office)

The term of office of President of the Republic shall last for five years, beginning with their inauguration and ending with the inauguration of the new President elect.
Each citizen may serve up to two terms of office as President of the Republic.

Article 114. (Inauguration)

The President of the Republic elect shall be inaugurated by the President of the Constitutional Court.
The inauguration shall take place up to fifteen days after the official publication of the election results.
The election of the President of the Republic shall be a justifiable reason for delaying the taking of a parliamentary seat.

Article 115. (Swearing in)

During the inauguration, the President of the Republic elect, with his right hand resting on the Constitution of Republic of Angola, shall swear the following oath:

I (full name), on being inaugurated into the office of President of the Republic, do swear on my honour:I (full name), on being inaugurated into the office of President of the Republic, do swear on my honour:
- To faithfully perform the office with which I am invested;
  To observe Constitution of the Republic of Angola and the laws of the country and cause them to be observed;
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  To defend the independence, sovereignty and unity of the nation and the territorial integrity of the country;
  
  To defend peace and democracy and promote the stability, well-being and social advancement of all Angolans.

Article 116. (Relinquishment of office)

The President of the Republic may relinquish office by means of a message addressed to the National Assembly, also notifying the Constitutional Court.

SECTION III. RESPONSIBILITIES

Article 117. (Exclusive responsibility to the Constitution)

The responsibilities of the President of the Republic shall be those defined in this Constitution.

Article 118. (Message to the nation)

On the occasion of the opening of parliament and at the National Assembly the President of the Republic shall deliver a message to the country on the state of the nation and the policies recommended for the resolution of the main issues, the promotion of the well-being of the Angolan people and the development of the country.

Article 119. (Responsibilities as Head of State)

As Head of State, the President of the Republic shall be responsible for:

Appointing the Vice-President of the Republic, from amongst the individuals on the respective election list, and discharging them from office;
Calling general and local elections under the terms established in the Constitution and the law;
Addressing the National Assembly;
In conjunction with the Constitutional Court, promoting the prior and ongoing review of the constitutionality of legislation and international treaties, as well as unconstitutional omissions, under the terms prescribed in the Constitution;
Appointing and discharging from office Ministers of State, Ministers, Secretaries of State and Vice-Ministers;
Appointing the Presiding Judge of the Constitutional Court and the other judges of the said court;
Appointing the Presiding Judge of the Supreme Court, the Deputy Presiding Judge and the other judges of the said court, on the recommendation of respective Supreme Judicial Council;
Appointing the Presiding Judge of the Court of Auditors, the Deputy Presiding Judge and the other judges of the said court, under the terms of the Constitution;
Appointing the Presiding Judge, Deputy Presiding Judge and the other judges of the Supreme Military Court;
Appointing and discharging from office the Attorney General, the Deputy Attorneys General and, on the recommendation of Supreme Judicial Council of the Public Prosecutor’s Office, the Assistant Attorneys General, as well as the Military Prosecutors of the Supreme Military Court;
Appointing and discharging from office the Governor and Deputy Governors of the National Bank of Angola;
Appointing and discharging from office the Provincial Governors and Deputy Governors;
Calling referendums, under the terms of the Constitution and the law;
Declaring a state of war and making peace, in consultation with the National Assembly;
Pardoning offences or commuting sentences;
Declaring a state of siege, in consultation with the National Assembly;
Declaring a state of emergency, in consultation with the National Assembly;
Awarding decorations and honorary titles, under the terms of the law;
Enacting and ordering the publication of the Constitution, constitutional revision laws and laws of the National Assembly;
Presiding over the Council of the Republic;
Appointing members of the Supreme Judicial Council, under the terms prescribed by the Constitution;
Appointing members of the Council of the Republic and the National Security Council;
Any other responsibilities established in the Constitution.

Article 120. (Responsibilities as Executive Power)

The President of the Republic, as the Executive Power, shall be responsible for:

Defining the political orientation of the country;
Directing national policy;
Submitting the proposed State Budget to the National Assembly;
Directing the state’s civil and military departments and services and all activities under its direct administration, superintending indirect administration and overseeing autonomous administration;
Defining the organisational structure and establishing the composition of executive power;
Establishing the number and the appointment of Ministers of State, Ministers, Secretaries of State and Vice-Ministers;
Defining the organisational structure of Ministries and approving the Rules of Procedure for the Council of Ministers;
Requesting authorisation to legislate from the National Assembly, under the terms of this Constitution;
Initiating legislation, on the basis of proposals for legislation presented to the National Assembly;
Calling and presiding over meetings of the Council of Ministers and setting agendas;
Directing and guiding the work of the Vice-President, Ministers of State, Ministers and Provincial Governors;
Drawing up the regulations required for the correct execution of laws.

Article 121. (Responsibilities regarding international relations)

In the sphere of international relations, the President of the Republic shall be responsible for:

Defining and directing the execution of state foreign policy;
Representing the state;
Signing and ratifying international treaties, conventions, agreements and other instruments, as appropriate and after they have been passed;
Appointing and discharging ambassadors from office and appointing extraordinary envoys;
Accrediting foreign diplomatic representatives.

Article 122. (Responsibilities as Commander-in-Chief)

As Commander-in-Chief of the Angolan Armed Forces the President of the Republic shall be responsible for:

Serving as Commander-in-Chief of the Angolan Armed Forces;
Assuming high command of the Angolan Armed Forces in the event of war;
Appointing and discharging from office the Chief of the General Staff of the Angolan Armed Forces and the Deputy Chief of the General Staff of the Armed Forces, in consultation with the National Security Council;
Appointing and discharging from office the remaining commanders and heads of the Armed Forces, in consultation with the National Security Council;
Promoting and demoting general officers of the Angolan Armed Forces, in consultation with the National Security Council;
Appointing and discharging from office the General Commander of the National Police Force and the Deputy Commanders of the National Police Force, in consultation with the National Security Council;
Appointing and discharging from office the remaining commanders and heads of the National Police Force, in consultation with the National Security Council;
Promoting and demoting commissioners of the National Police Force, in consultation with the National Security Council;
Appointing and discharging from office officeholders, deputies and heads of departments of the state intelligence and security bodies, in consultation with the National Security Council;
Awarding military and police decorations and honorary titles.

Article 123. (Responsibilities regarding national security)

With regard to national security, the President of the Republic shall be responsible for:

Defining national security policies and directing their execution;
Determining, guiding and deciding on the strategy for implementing national security;
Approving the operational plan for the national security system and deciding on the strategy for the employment and use of the Angolan Armed Forces, the National Police Force, the remaining national protection organizations and the state intelligence and security bodies;
Calling and presiding over meetings of the National Security Council;
Promoting loyalty to the Constitution and democratic institutions within the Angolan Armed Forces, National Police Force and the state intelligence and security bodies.

Article 124. (Enactment of National Assembly laws)

The President of the Republic shall enact the laws of the National Assembly within thirty days of receiving them.
Before this period of time expires, the President of the Republic may make a duly justified request to the National Assembly to reconsider the legislation or some of its rules.
If, after this reconsideration, a two-thirds majority of the Members approve the legislation, the President of the Republic must enact it within fifteen days of receiving it.
Before the periods of time referred to in the previous points expire, the President of the Republic may request the Constitutional Court to undertake a prior review of the constitutionality of National Assembly laws.

Article 125. (Form of acts)

In exercising his duties, the President of the Republic shall issue Presidential legislative decrees, provisional Presidential legislative decrees, Presidential decrees and Presidential dispatches, which shall be published in the Diário da República (Official Gazette).
The acts of the President of the Republic referred to Article 120(e) shall take the form of Presidential legislative decrees;
The acts of the President of the Republic referred to Article 11 90(a),(b),(e),(f),(g),(h),)i),(j),(k),(1),(m),(n),(o),(p),(q),(r),(u) and (v), Article 120(g) and (1), Article 121(d), and Article 122(c),(d),(e),(f),(g),(h),(i) and j), all of the Constitution, shall take the form of Presidential decrees.
Acts of the President of the Republic arising out of his duties as Commanderin- Chief of the Armed Forces and not prescribed in the previous points shall take the form of Directives, Briefings, Orders and Dispatches of the Commander-in-Chief.
Administrative acts of the President of the Republic shall take the form of Presidential dispatches.

Article 126. (Provisional Presidential legislative decrees)

The President of the Republic may issue provisional Presidential legislative decrees whenever, for reasons of urgency and need, this measure proves necessary in order to defend the public interest, and must immediately submit them to the National Assembly, which may convert them into laws, with or without alterations, or may reject them.
Provisional Presidential legislative decrees shall have legal force.
Provisional Presidential legislative decrees on the following may not be approved:
1. Matters which are reserved exclusively and absolutely for National Assembly legislation;
2. The State Budget;
Provisional Presidential legislative decrees concerning matters for which laws have already been approved by the National Assembly and are awaiting enactment may also not be approved.
Provisional Presidential legislative decrees shall be published for periods of sixty days, at the end of which they lose force unless they are converted into laws by the National Assembly.
The period of time referred to in the previous point is calculated from the date of the publication of the provisional Presidential legislative decree in the Didrio da Repiblica (Official Gazette).
Provisional Presidential legislative decrees may be extended for an identical period of time if the National Assembly has not finished assessing them within the first sixty-day period.
Provisional Presidential legislative decrees which have been rejected by the National Assembly or whose legal force has expired may not be re-issued within the same legislative session.

SECTION IV. LIABILITY, RESIGNATION AND VACANT OFFICE OF PRESIDENT OF THE REPUBLIC

Article 127. (Criminal liability)

The President of the Republic shall not be liable for actions practised in the exercise of his functions, except in the event of subordination, treason and the crimes defined in this Constitution as imprescriptible and ineligible for amnesty.
Conviction shall lead to removal from office and disqualification from standing for another term of office.
For crimes not committed during the exercise of his office, the President of the Republic shall answer before the Supreme Court five years after his term of office has ended.

Article 128. (Political resignation of the President of the Republic)

In the event of any serious disturbance to the regular functioning of the National Assembly or any irremediable crisis in institutional relations with the National Assembly, the President of the Republic may resign politically by means of a message addressed to the National Assembly, also notifying the Constitutional Court.
The resignation of the President of the Republic under the terms of the previous point shall result in the dissolution of the National Assembly and the calling of early general elections, which must take place within ninety days.
A President of the Republic who has resigned under the terms of this Article shall remain in office in order to carry out day-to-day managerial actions, until the inauguration of the President of the Republic elect following the subsequent elections.
Resignation shall not have the same effect as the relinquishment referred to in Article 116 of this Constitution and it may not give rise to an appeal for the withdrawal of the procedure for removal from office under the terms of the following Article.

Article 129. (Removal from office of the President of the Republic)

The President of the Republic may be removed from office in the following circumstances:
1. For the crimes of treason and espionage;
2. For the crimes of subordination, fraudulent conversion of public money and corruption;
3. Due to permanent physical and mental incapacity;
4. As the holder of an acquired nationality;
5. For heinous and violent crimes, as defined in this Constitution;
The President of the Republic may also be removed from office for the crime of violating the Constitution when a serious threat is made against:
1. The democratic state and the rule of law;
2. State security;
3. The regular functioning of institutions.
The Supreme Court shall be responsible for hearing and ruling on the criminal procedures referred to in Point 1(a), (b) and (e) of this Article which are instigated against the President of the Republic.
The Constitutional Court shall be responsible for hearing and ruling on the procedures for the removal of a President of the Republic from office which are referred to in Point 1(c) and d) and Point 2 of this Article.
The procedures for criminal liability and removal of a President of the Republic from office referred to in the previous points shall observe the following:
1. The initiation of proceedings must be duly justified and shall be the responsibility of the National Assembly;
2. The proposal to initiate proceedings shall be presented by one third of the Members in full exercise of their office;
3. The decision shall be approved by a two-thirds majority of Members in full exercise of their office and the respective communication or application for proceedings must afterwards be sent to the Supreme Court or Constitutional Court, as appropriate.
These proceedings must take absolute priority over all others and must be heard and decided within a maximum period of one hundred and twenty days commencing on the date on which the appropriate application is received.

Article 130. (Vacant office)

The office of President of the Republic shall become vacant in the following circumstances:
1. Resignation from office, under the terms of Article 116;
2. Death;
3. Removal from office;
4. Permanent physical or mental incapacity;
5. Abandonment of duties.
The vacancy shall be verified and declared by the Constitutional Court, under the terms of the Constitution and the law.

Article 131. (Vice-President)

The Vice-President shall be an auxiliary office of the President of the Republic in the exercise of his executive functions.
The Vice-President shall substitute the President of the Republic when he is absent from the country, unable to perform his duties and in any situations in which he is temporarily unable to perform his functions and they shall, in these circumstances, be responsible for the daily management of executive functions.
The provisions contained in Articles 115, 116, 127 and 129 of this Constitution shall apply to the Vice-President and the message referred to in Article 116 shall be replaced by a letter addressed to the President of the Republic.

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

If the office of the elected President of the Republic elect becomes vacant, the duties shall be performed by the Vice-President, who shall complete the term of office with full powers.
Should the situation referred to in the previous point arise or should the office of Vice-President become vacant, the President of the Republic shall appoint an individual elected to Parliament by the list of the political party or coalition of political parties which receives the most votes to perform the duties of the Vice-President, having consulted the political party or coalition of parties which presented the candidate for President of the Republic, under the terms of Articles 109 and 142 onwards of this Constitution.
Should both the President of the Republic and the Vice-President become permanently and simultaneously unable to perform their duties, the President of the National Assembly shall assume the duties of the President of the Republic until new general elections are held, which must happen within one hundred and twenty days of verification of their inability to serve.
Should the President of the Republic elect become permanently unable to perform his duties before his inauguration, he shall be replaced by the Vice-President elect, and a substitute Vice-President shall be appointed under the terms of point 2 of this Article.
Should both the President of the Republic elect and the Vice-President elect become permanently and simultaneously unable to perform their duties prior to taking up office, the political party or coalition of political parties whose list elected the President and Vice-President so impeded shall be responsible for appointing their substitutes from among Members elected by the same list, to take up office
The Constitutional Court shall be responsible for verifying the cases of permanent inability to serve, as prescribed in this Constitution.

Article 133. (Status of former Presidents of the Republic)

Former Presidents of the Republic shall enjoy the immunity prescribed in the Constitution for members of the Council of the Republic.
In the national interest of honouring the presidential office, former Presidents of the Republic shall be entitled to the following:
1. An official residence;
2. A personal escort;
3. An authorised vehicle;
4. Administrative support staff;
5. Other entitlements, as prescribed by law
The status prescribed in this Article shall not apply to former Presidents of the Republic who have been removed from office for reasons of criminal liability, under the terms of this Constitution.

SECTION V. AUXILIARY BODIES SERVING THE PRESIDENT OF THE REPUBLIC

Article 134. (Council of Ministers)

The Council of Ministers shall be an auxiliary body serving the President of the Republic in the formulation and execution of general policies for the nation and the public administration.
The President of the Republic shall preside over the Council of Ministers, which shall comprise the Vice-President, Ministers of State and Ministers.
Secretaries of State and Vice-Ministers may be invited to take part in meetings of the Council of Ministers.
The Council of Ministers shall be responsible for pronouncing on:
1. Government policies and their execution;
2. Legislative proposals to be submitted to the National Assembly for approval;
3. Presidential legislation;
4. National planning instruments;
5. Presidential regulations required for the correct execution of laws;
6. International agreements which require the approval of the President of the Republic;
7. The adoption of general measures required to execute the governance programme of the President of the Republic;
8. Any other matters that may be submitted for the consideration of the President of the Republic.
The Rules of Procedure for the Council of Ministers shall be approved by Presidential decree.

Article 135. (Council of the Republic)

The Council of the Republic shall be collegiate body consulted by the Head of State.
The Council of the Republic shall be presided over by the President of the Republic and composed of the following members:
1. The Vice-President of the Republic;
2. The President of the National Assembly;
3. The President of the Constitutional Court;
4. The Attorney General of the Republic;
5. Former Presidents of the Republic who have not been removed from office;
6. The leaders of the political parties and coalitions of political parties represented in the National Assembly;
7. Ten citizens appointed by the President of the Republic for a period of time corresponding to his term of office.
The members of the Council of the Republic shall enjoy the immunities of Members of the National Assembly, under the terms of this Constitution.
The Rules of Procedure for the Council of the Republic shall be approved by Presidential decree.

Article 136. (National Security Council)

The National Security Council shall be a consultative body to the President of the Republic in matters relating to national security policies and strategies, in addition to the organisation, functioning and regulation of the Armed Forces, the National Police Force and other organs which guarantee the constitutional order and, in particular, the state intelligence and security bodies.
The National Security Council shall be presided over by the President of the Republic and shall be composed of the following:
1. The Vice-President of the Republic;
2. The President of the National Assembly;
3. The President of the Constitutional Court;
4. The President of the Supreme Court;
5. The Attorney General of the Republic;
6. Ministers of State and Ministers nominated by the President of the Republic;
7. Other entities nominated by the President of the Republic.
The organisation and functioning of the National Security Council shall be defined by Presidential decree.

SECTION VI. ACTS, INCOMPATIBILITIES AND LIABILITY OF MINISTERS OF STATE, MINISTERS, SECRETARIES OF STATE AND VICE-MINISTERS

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

In exercising the powers delegated to them by the President of the Republic, Ministers of State and Ministers shall issue executive decrees and dispatches that shall be published in the Dicirio da Republic (Official Gazette).

Article 138. (Incompatibilities)

The offices of Minister of State, Minister, Secretary of State and Vice-Minister shall be incompatible with the office of member of the National Assembly and with serving as a judge or public prosecutor.
The offices of Minister of State, Minister, Secretary of State and Vice-Minister shall also be incompatible with any of the following:
1. Paid employment in any public or private institution, except those dedicated to teaching or academic research;
2. Administrative, managerial or any other corporate position in commercial companies and other institutions engaged in profit-making pursuits;
3. The liberal professions.

Article 139. (Political responsibility)

The Vice-President, Ministers of State and Ministers shall be politically and institutionally responsible to the President of the Republic.

Article 140. (Criminal liability)

Ministers of State, Ministers, Secretaries of State and Vice-Ministers shall answerable to the Supreme Court for any crimes committed either during the exercise of their duties or outside them.
Ministers of State, Ministers, Secretaries of State and Vice-Ministers may only be imprisoned after being charged when the infraction is punishable by a prison sentence of more than two years, except in the case of flagrante delito, for a serious crime punishable with a prison sentence of more than two years.

CHAPTER III. LEGISLATIVE POWER

SECTION I. DEFINITION, STRUCTURE, COMPOSITION AND ELECTION

Article 141. (Definition)

The National Assembly shall be the parliament of the Republic of Angola.
The National Assembly shall be a single house representing all Angolans, which shall express the sovereign will of the people and exercise the legislative power of the state.

Article 142. (Composition)

The National Assembly shall be composed of members elected under the terms of the Constitution and the law.

Article 143. (Electoral system)

Members shall be elected by universal, free, equal, direct, secret and periodic suffrage by national citizens aged over eighteen who are resident in national territory, including Angolan citizens resident abroad for the purposes of work, study, illness or similar reasons.
Members shall be elected according to the system of proportional representation for a five-year term of office, under the terms of the law.

Article 144. (Constituencies)

Members shall be elected by constituencies, there being one national constituency and constituencies corresponding to each of the provinces.
The following criteria shall be established for the election of Members by constituency:
1. One hundred and thirty Members shall be elected at national level, and for this purpose the country shall be considered a single national constituency;
2. Five Members shall be elected for each province and provincial electoral constituencies shall be created for this purpose.

Article 145. (Ineligibility)

The following shall be ineligible for election as Members:
1. Serving judges and public prosecutors;
2. Members of military or militarised forces on active service;
3. Members of electoral administrative bodies;
4. Individuals legally defined as incapacitated;
5. Individuals sentenced to a term of imprisonment of over two years.
Citizens who have acquired Angolan nationality shall only be eligible seven years after the date on which nationality was acquired.

Article 146. (Nominations)

Nominations shall be presented by the political parties either individually or as coalitions, and the lists may include citizens who are not affiliated to the parties in question, under the terms of the law.
Nominations must be subscribed to by 5,000 to 5,500 voters for the national constituency and 500 to 550 voters for each provincial constituency.

SECTION II. STATUS OF MEMBERS

Article 147. (Nature of mandate)

Members shall represent the entire nation and not just the constituencies to which they are elected.

Article 148. (Start and end of term of office)

The term of office of a Member shall start when they take up office and the first constituent meeting of the National Assembly after the elections is held and shall end with the first session after the subsequent elections, without prejudice to individual suspensions or cessations.
The filling of seats in the National Assembly, in addition to the suspension, substitution, resignation and loss of office shall be regulated by the Constitution and the law.

Article 149. (Incompatibilities)

The office of Member shall be incompatible with the exercise of the following functions:
1. President and Vice-President of the Republic;
2. Minister of State, Minister, Secretary of State and Vice-Minister;
3. Serving ambassador;
4. Judges and public prosecutors;
5. Ombudsman and Deputy Ombudsman;
6. Members of the High Council of the Judicial Bench and the Public Prosecutor’s Office;
7. Provincial Governors, Deputy Provincial Governors and other officeholders in state local administration bodies;
8. Officeholders in local authority bodies;
9. Members of the managerial, administrative and supervisory bodies of public companies, institutions and associations.
The office of Member is equally incompatible with:
1. The exercise of paid public duties in direct or indirect state administrative bodies;
2. The exercise of duties as a director, manager or any other corporate office in companies and other profit-making institutions;
3. Engagement in judicial-employment relations with foreign companies or international organisations;
4. The exercise of duties which prevent active participation in the work of the National Assembly, except those of party leader, teacher or others recognised as exceptions by the National Assembly;
5. The emergence of conditions resulting in ineligibility after election;
6. The exercise of other functions which, under the terms of the law, are considered incompatible with the office of Member.
The performance or appointment to any of these duties or positions stipulated in this Article shall be a justifiable reason for delaying taking up office as a Member.

Article 150. (Immunities)

Members shall not be liable, in civil, criminal or disciplinary terms, for the votes or opinions they express at meetings or on committees or working parties of the National Assembly in the exercise of their duties.
Members may not be detained or imprisoned without the authorisation of the National Assembly or, if outside its normal working hours, the Standing Committee, unless caught in flagrante delito committing a felony punishable by a prison sentence of over two years.
Once criminal proceedings have been instigated against a Member and they have been accused by indictment or equivalent, unless caught in flagrante delito committing a felony, a plenary sitting of the National Assembly must rule on the suspension of the Member and the removal of immunity in order to allow the case to proceed.

Article 151. (Suspension from office and temporary substitution)

Members shall be suspended from office in the following cases:
1. For holding a public post incompatible with the office of a Member, under the terms of the Constitution;
2. Due to illness lasting more than ninety days;
3. Absence from the country for more than ninety days;
4. An indictment for conviction for a felony punishable with a prison sentence of more than two years.
Whenever the term of office of a Member is suspended, they must be substituted temporarily, in accordance with the terms stipulated in Points 2 and 3 of Article 153 of the Constitution.

Article 152. (Relinquishment and loss of seat)

A Member may resign by means of a written statement.
Members shall always lose their seat if :
1. They become affected by any of the disqualifications or incompatibilities prescribed in the Constitution and the law;
2. They exceed the number of absences prescribed by law;
3. They become affiliated to a party other than the one under which they stood for election;
4. They have been sanctioned for indecorous behaviour harmful to the duties and dignity of parliamentary office, following disciplinary proceedings introduced under the terms of the appropriate regulations of the National Assembly;
5. They conform to the situations prescribed in Article 153(1)(c),(d) and(e) of the Constitution;
6. They do not take up their seat in the National Assembly, without justification, under the terms of the law.

Article 153. (Permanent replacement)

Members shall be permanently replaced in the following circumstances:
1. Relinquishment of office;
2. Loss of seat under the terms prescribed in Article 152(2)(b) of the Constitution;
3. Conviction for a felony punishable by a prison sentence of more than two years;
4. Permanent incapacity;
5. Death.
When a Member needs to be substituted, their seat shall be filled in order of precedence by the next Member on the party or coalition party list from which the former Member had been elected.
If no more candidates remain on the list of the former Member, the seat shall not be filled.

Article 154. (Impediments)

Members in full exercise of their office may not:

Legally represent or be a party in any judicial or extrajudicial proceedings against the state, except to defend their legally protected rights and interests;
Serve as arbitrator, conciliator, mediator or paid expert in any proceedings against the state or any other legal persons governed by public law, unless authorised to do so by the National Assembly;
Take part in public calls for tender for the provision of goods or services, or enter into contracts with the state and other legal persons governed by public law, except as established by law;
Be involved in commercial advertising.

SECTION III. ORGANISATION AND FUNCTIONING

Article 155. (Internal organisation)

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

Article 156. (Standing Committee)

The Standing Committee is a National Assembly body which functions
1. Outside periods in which the Assembly of the Republic is in full session;
2. Between the end of one legislature and the beginning of a new one;
3. In any other cases stipulated in the Constitution.
The Standing Committee shall be chaired by the President of the National Assembly and composed of the following members:
1. The Vice-Presidents of the National Assembly;
2. Chairpersons;
3. The Chairs of the Parliamentary Groups;
4. Chairs of the Standing Committees on Labour;
5. The Chair of the Administrative Council;
6. The Chair of the Group of Parliamentary Women;
7. Twelve Members, in accordance with the number of seats held in the National Assembly.
The Standing Committee shall be responsible for:
1. Exercising the National Assembly’s powers in relation to Members’ mandates;
2. Preparing the opening of legislative sessions;
3. Convening special sessions of the National Assembly when specific and urgent matters need to be analysed;
4. Overseeing meetings of the Special, Ad Hoc and Parliamentary Inquiry Committees outside the normal working hours of the National Assembly.
The Standing Committee shall function throughout the legislature until the first constituent meeting of the new Assembly.

Article 157. (Legislative sessions)

Each legislature shall last for five legislative sessions or parliamentary years.
Each legislative session shall begin on the fifteenth of October and last for one year and intervals shall be established according to the legislation for the organisation and functioning of the National Assembly.
Legislative sessions shall include the ordinary and extraordinary plenary sittings required in order to pursue activities.

Article 158. (Quorum)

The National Assembly may function in plenary sittings with one fifth of its Members in full exercise of their office.

Article 159. (Decisions)

Decisions of the National Assembly shall be taken on the basis of a simple absolute majority of the Members present, provided this amounts to more than half of the Members in full exercise of their office and except when other regulations on decisions are established in the Constitution and the law.

SECTION IV. COMPETENCE

Article 160. (Organisational competence)

Within the sphere of its internal organisation, the National Assembly shall be responsible for:

Legislating on internal organisation;
Electing its President, Vice-Presidents and Chairpersons on the basis of an absolute majority of all Members present;
Forming the Standing Committee and Special, Ad Hoc and Parliamentary Inquiry Committees;
Any other powers attributed to it by organisational law and other parliamentary legislation.

Article 161. (Political and legislative competencies)

Within the political and legislative sphere, the National Assembly shall be responsible for:

Approving amendments to the Constitution, under the terms of this Constitution;
Approving laws on all matters, except those reserved by the Constitution for the President of the Republic;
Granting the President of the Republic authorisation to legislate and considering authorised Presidential legislative decrees for the purposes of determining whether they should be amended or cease to remain in force, under the terms of the law;
Considering provisional Presidential legislative decrees, for the purposes of determining whether they should be converted into laws;
Approving the State Budget;
Setting and altering the political and administrative divisions of the country, under the terms of the Constitution and the law;
Granting amnesties and general pardons;
Pronouncing on the possibility of President of the Republic declaring a state of siege or emergency;
Pronouncing on the possibility of President of the Republic declaring a state of war or making peace;
Proposing to the President of the Republic that referendums should be held on relevant matters of national interest;
Approving for ratification and signing treaties, conventions, agreements and other international instruments involving matters within its absolute legislative responsibility, in addition to treaties to which Angola is a party involving international organisations, the rectification of borders, friendship, cooperation, defence and military affairs;
Approving withdrawal from treaties, conventions, agreements and other international instruments;
Promoting the process for bringing proceedings against, and removing from office, the President of the Republic, under the terms prescribed in Articles 127 and 129 of this Constitution;
Any other functions that may be conferred on it by the Constitution and the law.

Article 162. (Competence for control and scrutiny)

Within the sphere of control and scrutiny, the National Assembly, shall be responsible for:

Striving to ensure that the Constitution is implemented and laws are correctly executed;
Receiving and analysing the General State Accounts and those of other public institutions as obliged by law, which may be accompanied by a report and opinion from the Court of Auditors and all the items deemed necessary for the analysis, under the terms of the law;
Analysing and debating the application of a declaration of a state of war, siege or emergency;
Authorising the Executive to contract and grant loans and other lending operations apart from floating debt operations, defining the general terms and conditions for such operations and establishing the upper limit for the guarantees to be given each year to the Executive, within the framework of approving the State Budget;
Analysing Presidential legislative decrees approved during the exercise of authorised legislative powers, for the purposes of determining whether they should be ratified or altered.

Article 163. (Competence in relation to other bodies)

With regard to other bodies, the National Assembly shall be responsible for:

Electing judges to the Constitutional Court, under the terms of the Constitution;
Electing jurists to the Supreme Judicial Council;
Electing the Ombudsman and Deputy Ombudsman;
Electing members of electoral administration bodies, under the terms of the law.
Electing members of other bodies whose appointment is entrusted by law to the National Assembly.

Article 164. (Exclusive power to legislate)

The National Assembly shall have exclusive power to legislate on the following matters:

The acquisition, loss and re-acquisition of nationality;
The fundamental rights, freedoms and guarantees of citizens;
Restrictions and limitations on the rights, freedoms and guarantees of citizens;
The election and status of officeholders of bodies that exercise sovereign power, local government officeholders and officeholders in any other constitutional bodies, under the terms of the Constitution and the law;
The definition of crimes, penalties and security measures, as well as the basic elements of criminal procedures;
The basic elements of the system for the organisation and functioning of local government and the involvement of citizens and traditional authorities in its work;
The referendum system;
The organisation of the courts and the status of judges and public prosecutors;
The general elements of the organisation of national defence;
The general elements of the organisation, functioning and regulation of the Angolan Armed Forces, public security forces and the information services;
The rules governing states of war, siege or emergency;
Associations, foundations and political parties;
The rules governing national symbols;
The rules governing public holidays and national celebrations;
The status and legal capacity of persons;
The definition of the limits of territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf.

Article 165. (Relative legislative competence)

Unless authorisation is granted to the Executive to do so, the National Assembly shall have relative competence for legislating on the following matters:
1. The basic elements of the scope and rules governing the public administration, including guarantees for users of the public administration, the status of public administration staff and the civil liability of the public administration;
2. The basic elements of the status of public companies, institutions and associations;
3. The general system for rural and urban renting;
4. The general system for public finances;
5. The basic elements of the financial and banking system;
6. The basic elements of the general national planning system;
7. The general system for property and means of production not included in the public domain;
8. The general system governing the media;
9. The basic elements of the national education, health and social security systems;
10. The monetary system and the standard for weights and measures;
11. The definition of sectors within the economy reserved for the state;
12. The basic elements for the granting of concessions for the use of natural resources and the transfer of state assets;
13. The definition and system for property within the public domain;
14. The general system for requisitions and expropriations for public use;
15. The creation of taxes and the fiscal system, as well as the general system for charges and other financial contributions payable to public entities;
16. The general elements of town and country and urban planning;
17. The basic elements of the system for protecting nature, the ecological and environmental balance and the cultural heritage;
18. The general elements of the system for the concession and transfer of land;
19. The general system for military service;
20. The general system for punishing disciplinary infractions and administrative offences, together with the applicable proceedings.
The National Assembly shall also be partially responsible for defining the general legislative system for all matters not included in the previous point, unless these are reserved under the Constitution for the President of the Republic.

SECTION V. THE LEGISLATIVE PROCESS

Article 166. (Form of acts)

In the exercise of its functions, the National Assembly shall issue constitutional revision laws, organic laws, basic laws, laws, authorisations to legislate and resolutions.
The acts of the National Assembly practiced during the exercise of its functions shall take the form of:
1. Constitutional revision laws, for the legislation prescribed in Article 161(a) of the Constitution;
2. Organic laws, for the legislation prescribed in Article 160(a) and Article 164)d),(),(g) and (h);
3. Basic laws, for the legislation prescribed in Article 164(i) and (j) and Article 165(1) (a),(b),(e),(f),(i),(l),(p),(q) and (r), all of the Constitution;
4. Laws, for the remaining legislation concerning matters within the legislative competence of National Assembly which do not have not to assume any other form, under the terms of the Constitution;
5. Authorisations to legislate, for the legislation prescribed in Article 161(c);
6. Resolutions, for the acts prescribed in Article 160(b) and (c), Article 161(g),(h),(i),(j),(k),(1) and (in), Article 162(b),(c) and (d) and Article 163(a),(b),(c),(d) and (e) and any other decisions regarding the daily management of parliamentary activities, in addition to those which do not require any other form, under the terms of the Constitution.

Article 167. (Legislative initiative)

The power to initiate legislation may be exercised by Members, Parliamentary Groups and the President of the Republic.
The organs of judicial power may present contributions on matters relating to the organisation of the judiciary, the status of judges and the functioning of the courts.
Legislative initiatives introduced by Members and Parliamentary Groups shall assume the form of bills.
Legislative initiatives introduced by the President of the Republic shall assume the form of legislative proposals.
Groups of citizens and the organisations representing them may present proposals for introducing new legislation, under the terms to be defined by law.
Bills and legislative proposals which involve increased expenditure or a reduction in the state revenue established in the Budget cannot be presented during the current financial year, with the exception of State Budget review laws.

Article 168. (National referendum initiative)

The power to initiate a national referendum may be exercised by the President of the Republic, one fifth of Members in full exercise of their office and Parliamentary Groups.
Initiatives introduced by Members and Parliamentary Groups shall assume the form of referendum proposals.
Constitutional referendums shall not be permitted.

Article 169. (Approval)

Bills for Constitution revision laws and referendum proposals shall be approved by a qualified majority of two thirds of the Members in full exercise of their office.
Bills for organic laws shall be approved by an absolute majority of the Members in full exercise of their office.
Bills for basic laws, laws and resolutions shall be approved by an absolute majority vote of the Members present, provided that this amounts to more than half of the Members in full exercise of their office.

Article 170. (Authorisation to legislate)

Laws granting authorisation to legislate must define the object, purpose, extent and duration of the authorisation.
Laws granting authorisation to legislate may not be used more than once, notwithstanding the fact that they may be used in stages.
Laws granting authorisation to legislate shall expire:
1. At the end of their term;
2. At the end of the legislature and term of office of the President of the Republic;
Authorisations to legislate granted under the Budget Law shall comply with the provisions of this Article and, when they address fiscal matters, shall only expire at the end of the fiscal year to which they refer.

Article 171. (Parliamentary consideration of Executive legislation)

Authorised Presidential legislative decrees may be subject to consideration by parliament, on the basis of a motion signed by at least ten Members in full exercise of their office within thirty f<days of their publication in the Didrio da Repfiblica (Official Gazette).
Authorised Presidential legislative decrees shall be subject to consideration with a view to amending or ending their force.
Once a motion to consider an authorised Presidential legislative decree has been presented and if one or more amendments are proposed, the National Assembly may suspend the force of all or part of it until either the law that amends it is published, or all the proposed amendments are rejected.
The suspension referred to in the previous point shall expire if forty-five days elapse without the National Assembly making a final pronouncement.
If the National Assembly approves ending the force of an authorised Presidential legislative decree, it shall cease to have effect from the date when the respective resolution is published in the Didrio da Repfiblica (Official Gazette) and may not be republished during the same legislative session.
Proceedings for the parliamentary consideration of authorised Presidential legislative decrees shall enjoy priority and shall expire if a motion for consideration has been presented and the National Assembly has not pronounced, or if it has decided to make amendments but has not put the respective law to the vote, by the end of the then current legislative session, and on condition that at least fifteen plenary sessions have been held.

Article 172. (Parliamentary consideration of provisional Presidential legislative decrees)

The President of the Republic must submit provisional Presidential legislative decrees to the National Assembly within ten days of their publication in the Didrio da Repfiblica (Official Gazette).
Parliamentary consideration will take place on the basis of a motion signed by at least ten Members if, within the period of time referred to in the previous point, the provisional Presidential legislative decree has not been submitted to the National Assembly.
Provisional Presidential legislative decrees shall be subject to consideration with a view to their conversion into parliamentary laws or their rejection by the National Assembly
If the National Assembly rejects a provisional Presidential legislative decree, it shall cease to have effect from the date on which the resolution is published in the Didrio da Repfiblica (Official Gazette) and may not be republished during the same legislative session.
The provision contained in Point 6 of the previous Article shall apply to parliamentary consideration of provisional Presidential legislative decrees.

Article 173. (Emergency proceedings)

At the request of the President of the Republic, ten Members in full exercise of their office, any Parliamentary Group or Special Commissions, the National Assembly may be asked to consider the discussion of any bill, legislative proposal or resolution as an emergency proceeding.
At the request of ten Members or any Parliamentary Group the National Assembly may declare any matter of national interest to be the object of emergency proceedings.
When a request has been received to treat any matter as an emergency proceeding, the President of the National Assembly shall be responsible for ruling on the request, notwithstanding the right of appeal to the Plenary for a decision on the said emergency measure.

CHAPTER IV. THE JUDICIARY

SECTION I. GENERAL PRINCIPLES

Article 174. (Jurisdiction)

The courts shall be sovereign bodies with the power to administer justice in the name of the people.
In the exercise of their jurisdictional functions, the courts shall be responsible for ruling on conflicts of public or private interests, ensuring the defence of rights and interests protected by law and repressing any violations of the democratic rule of law.
It shall be the duty of all public and private entities to cooperate with the courts in the exercise of their functions and they must undertake, within the limits of their powers, any actions requested of them by the courts.
The law shall constitute and regulate extra-judicial means and forms of settling conflicts and their constitution, organisation, responsibilities and functioning.
The courts may not deny justice due to a lack of financial means.

Article 175. (Independence of the courts)

In the exercise of their jurisdictional functions, the courts shall be independent and impartial and subject only to the Constitution and the law.

Article 176. (System of jurisdiction)

The High Courts of the Republic of Angola shall be the Constitutional Court, the Supreme Court, the Court of Auditors and the Supreme Military Court.
The system for the organisation and functioning of the courts shall include the following:
1. A common jurisdiction headed by the Supreme Court and including the Courts of Appeal and other courts;
2. A military jurisdiction headed by the Supreme Military Court and including the Regional Military Courts.
An autonomous administrative, fiscal and customs jurisdiction may also be created, headed by a High Court.
Maritime courts may also be created.
The creation of courts with exclusive powers to try specific infractions shall be prohibited.

Article 177. (Court rulings)

The courts shall guarantee and ensure observance of the Constitution, the laws and any other legislative provisions in force, protection of the rights and legitimate interests of citizens and institutions and shall decide on the legality of administrative acts.
It shall be mandatory for all citizens and other legal entities to comply with the decisions of the courts and these shall prevail over those of any other authority.
The law shall regulate the terms for the execution of court rulings, sanction those responsible for failing to comply with them and hold public and private authorities who attempt to obstruct them criminally liable.

Article 178. (Administrative and financial autonomy of the courts)

The courts shall enjoy administrative and financial autonomy and the law must define mechanisms to enable the judiciary to contribute towards drawing up their budget.

Article 179. (Judges)

In the exercise of their duties, judges shall be independent and shall owe obedience only to the Constitution and the law.
Judges shall not be removed from office, nor transferred, promoted, suspended, retired or dismissed unless under the terms of the Constitution and the law.
Judges shall not be responsible for the decisions they make during the course of their duties, except for the restrictions imposed by law.
Judges may only be imprisoned after being charged when the infraction is punishable with a prison sentence of more than two years, except in the case of flagrante delito involving a felony punishable with the same sentence.
Serving judges may not exercise any other public or private duties except teaching or academic research of a legal nature.
Serving judges may not become affiliated to political parties or political associations or become involved in party political activities.
It shall be recognised that judges have the right to social and professional associations, but are forbidden the right to strike.
Judges may be periodically assessed by the Supreme Judicial Council on the basis of their professional performance, under the conditions and within the periods of time to be determined by law.

SECTION II. THE COURTS

Article 180. (Constitutional Court)

The Constitutional Court shall, in general be responsible for the administration of justice in legal and constitutional matters, under the terms of the Constitution and the law.
The Constitutional Court shall be responsible for:
1. Assessing the constitutionality of any rules and other acts of the state;
2. Providing a prior review of the constitutionality of the laws of parliament;
3. Exercising jurisdiction in other legal and constitutional, electoral and party political matters, under the terms of the Constitution and the law;
4. Assessing appeals against the constitutionality of the decisions of the various courts which have refused to apply particular rules on the grounds that they are unconstitutional;
5. Assessing appeals against the constitutionality of rulings made by the various courts that have applied rules whose constitutionality has been questioned during the relevant proceedings
6. The Constitutional Court shall be composed of a Bench of eleven members appointed from amongst jurists and judges, as follows:
  1. Four judges nominated by the President of the Republic, including the President of the Court;
  2. Four judges elected by the National Assembly by a two-thirds majority of the Members in full exercise of their office, including the Vice-President of the Court;
  3. Two judges elected by the Supreme Judicial Council;
  4. One judge elected by competitive submission of curricula, under the terms of the law.
Judges of the Constitutional Court shall be appointed for a non-renewable seven-year term and shall enjoy the same guarantees of independence, irremovability from office, impartiality and non-liability as judges from the other courts.

Article 181. (Supreme Court)

The Supreme Court shall be the senior body in common jurisdiction.
The Bench of the Supreme Court shall be appointed by the President of the Republic, on the recommendation of Supreme Judicial Council, following the competitive submission of curricula by judges, public prosecutors and jurists of recognised merit, under terms to be defined by law.
The President and Vice-President of the Supreme Court shall be appointed by the President of the Republic from amongst three candidates selected by two thirds of the Bench in full exercise of their office.
The Presiding Judge and Vice-President of the Supreme Court shall serve a seven-year, non-renewable term of office.
The organisation, responsibilities and functioning of the Supreme Court shall be established by law.

Article 182. (Supreme Military Court)

The Supreme Military Court shall be the highest body within the hierarchy of the military courts.
The Presiding Judge, Deputy Presiding Judge and the other members of the Bench of the Supreme Military Court shall be appointed by the President of the Republic from amongst the military judges.
The organisation, responsibilities and functioning of the Supreme Military Court shall be established by law.

Article 183. (Court of Auditors)

The Court of Auditors shall be the supreme supervisory body responsible for overseeing the legality of public finances and judging such accounts as the law may require to be submitted to it.
The Presiding Judge, Deputy Presiding Judge and the other members of the Bench of the Court of Auditors shall be appointed by the President of the Republic from amongst judges and non-judges for a single seven-year term of office.
The composition and responsibilities of the Court of Auditors shall be established by law.
A report on the work of the Court of Auditors shall be produced each year, submitted to the National Assembly and also forwarded to the various bodies which exercise sovereign power.

Article 184. (High Council of the Judicial Bench)

The High Council of the Judicial Bench shall be the highest body responsible for managing and disciplining the judicial Bench, and shall, in general, be responsible for:
1. Assessing the professional ability of judges and taking disciplinary action against them;
2. Proposing the appointment of judges to the Constitutional Court, under the terms of the Constitution and the law;
3. Ordering investigations, inspections and enquiries into the legal services and proposing the necessary measures required to ensure their efficiency and improvement;
4. Proposing the appointment of members of the Bench to the Supreme Court;
5. Appointing, placing, transferring and promoting judges, unless other provisions exist in the Constitution and the law;
6. Organising the competitive submission of curricula for assessing the judges of the Court of Auditors.
The High Council of the Judicial Bench shall be presided over by the President of the Supreme Court and shall be composed of the following:
1. Three jurists appointed by the President of the Republic, at least one of which must be a judge;
2. Five jurists appointed by the National Assembly;
3. Ten judges elected by judges from amongst their peers.
The term of office for members of the High Council of the Judicial Bench referred to in paragraphs a), b) and c) of this Article shall be give years and shall be renewable for one further term, under the terms of the law.
The members of the High Council of the Judicial Bench shall enjoy the same immunities as the judges of the Supreme Court.

SECTION III. PUBLIC PROSECUTORS’ OFFICE

Article 185. (Institutional autonomy)

The Public Prosecutor’s Office shall be the essential body of the Attorney-General’s Office in terms of the judicial function of the state and shall enjoy autonomy and its own status.
The autonomy of the Prosecutor’s Office shall be characterised by the fact that it is bound by the criteria of legality and objectivity.
The judges of the Public Prosecutor’s Office shall be accountable and shall form part of, and be subject to, a hierarchy, under the terms of the law.

Article 186. (Responsibilities)

The Public Prosecutor’s Office shall be responsible for representing the state, defending democratic legality and the interests defined by law, promoting the penal procedure and conducting penal actions, under the terms of the law, specifically:

Representing the state before the courts;
Providing legal counsel for those who are incapacitated or absent and for minors;
Promoting the penal procedure and conducting penal actions;
Defender collective and various interests;
Promoting the execution of judicial rulings;
Directing the preparatory phase of penal procedures, without prejudice to the overseeing of fundamental guarantees for citizens by judges, under the terms of the law.

Article 187. (Status)

The requirements and rules for entry and promotion within the career structure for public prosecutors shall be based on curricula, professional merits and length of service, under the terms of the law.
Access to High Court positions shall be predominantly on the basis of merit determined by the competitive submission of curricula, open to judges and public prosecutors and other jurists of merit, under the terms decided by law.
Public prosecutors may not be transferred, suspended, retired or removed from office except in the cases prescribed in their statutes.
Public prosecutors shall be subject to the same incompatibilities and impediments as judges of the same rank and shall enjoy remuneration appropriate to the nature and exclusivity of their work.

Article 188. (Immunities)

Public prosecutors may only be imprisoned after being charged when the infraction is punishable with a prison sentence of more than two years, except in the case of flagrante delito involving a felony punishable with the same sentence.

Article 189. (Attorney-General’s Office)

The Attorney-General’s Office shall be the state body which represents the state, specifically by conducting penal actions, defending the rights of individuals and corporate bodies, defending the legality of the exercise of the judicial function and overseeing legality in the instructional phase of proceedings and in the implementation of penalties.
The Attorney-General’s Office shall enjoy administrative and financial autonomy, under the terms of the law.
The Public Prosecutor’s Office, Supreme Judicial Council of the Public Prosecutor’s Office and the Military Prosecutor’s Office shall be essential bodies of the Attorney-General’s Office.
The Attorney General and Deputy Attorneys-General shall be appointed by the President of the Republic on the recommendation of Supreme Judicial Council of the Public Prosecutor’s Office for five-year terms of office which may be renewed once.
The Assistant Attorneys-General shall represent the Public Prosecutor’s Office before the Supreme Court, Constitutional Court, Court of Auditors and other High Courts.
Assistant Attorneys-General shall be appointed by the President of the Republic on the recommendation of Supreme Judicial Council of the Public Prosecutor’s Office and the requirements shall be defined by law.
A report on the work of the Attorney-General’s Office shall be drawn up each year, submitted to the National Assembly and forwarded to the other bodies that exercise sovereign power.

Article 190. (Supreme Judicial Council of the Public Prosecutor’s Office)

The Supreme Judicial Council of the Public Prosecutor’s Office shall be the highest body responsible for the management and regulation of public prosecutors and shall function in plenary sittings and on the Standing Committee.
The Supreme Judicial Council of the Public Prosecutor’s Office shall be responsible for the assessment, appointment, placing, transfer and promotion of public prosecutors and for any disciplinary measures.
The Attorney-General shall preside over the Supreme Judicial Council of the Public Prosecutor’s Office and it shall be composed of the following:
1. The Deputy Attorneys-General;
2. Members elected by public prosecutors from amongst their peers;
3. Members appointed by the President of the Republic;
4. Members elected by the National Assembly.
The term of office for members of the Supreme Judicial Council of the Public Prosecutor’s Office referred to in paragraphs b), c) and d) of this Article shall last five years and shall be renewable once, under the terms of the law.

Article 191. (Military Prosecutor’s Office)

The Military Prosecutor’s Office shall be the organ of the Attorney-General’s Office responsible for controlling and overseeing legality within the Angolan Armed Forces, the National Police Force and the security and internal law bodies, guaranteeing strict compliance with the law.
The organisation and functioning of the Military Prosecutor’s Office shall be regulated by law.

SECTION IV. ESSENTIAL JUSTICE INSTITUTIONS

Article 192. (Ombudsman)

The Ombudsman shall be an independent public body whose purpose shall be to defend the rights, freedoms and guarantees of citizens ensuring, by informal means, the justice and legality of the public administration.
The Ombudsman and Deputy Ombudsman shall be elected by the National Assembly on the decision of two thirds of Members in full exercise of their office.
The Ombudsman and Deputy Ombudsman shall be sworn in by the President of the National Assembly for a five-year term of office which may be renewed once.
Citizens and corporate bodies may present the Ombudsman with complaints concerning acts or omissions by public authorities which they shall consider, with no powers of decision, submitting the necessary recommendations for the prevention and remedying of injustices to the appropriate bodies.
The activity of the Ombudsman shall be independent of the means for ruling on appeals or disputes provided for in the Constitution and the law.
It shall be the duty of public administration bodies and agents, citizens and other public collective bodies to cooperate with the work of the Ombudsman.
A report on the main complaints received and the recommendations made shall be drawn up each year, submitted to the Assembly and forwarded to the other bodies that exercise sovereign power.
The law shall establish the remaining functions and statutes of the Ombudsman and Deputy Ombudsman, in addition to the entire support structure known as the Ombudsman’s Office.

Article 193. (Legal practice)

Legal practice is an essential institution in the administration of justice.
Lawyers serve justice and the rule of law, and shall be responsible for practicing legal consultancy and representation throughout national territory, as well as providing legal counsel, under the terms of the law.
The Bar Association shall be responsible for regulating access to the legal profession and for regulating the profession and legal representation, under the terms of the law and its statutes.

Article 194. (Guarantees for lawyers)

Lawyers shall enjoy immunity in their actions and in the legal representation procedures required in the exercise of their profession, within the limits enshrined in law.
The inviolability of documents required in the exercise of their profession shall be guaranteed, within the limits prescribed by law, and only searches, seizures, inventories of property and similar forms of investigation undertaken on the basis of a judicial ruling effected in the presence of the appropriate judge, lawyer and representative of the Bar Association shall be admissible, when they involve an illegal act punishable by a prison sentence of more than two years and a lawyer is implicated.
Lawyers shall have the right to communicate personally and confidentially with their clients even when the latter are imprisoned or detained in civil or military establishments.

Article 195. (Access to law and justice)

The Bar Association shall be responsible for providing legal aid, access to the law and legal representation at all jurisdictional levels.
The law shall regulate the organisation of the forms of legal aid, access to law and legal representation, as essential elements of the administration of justice, and the state must establish financial resources for these purposes.

Article 196. (Public defence)

The state shall ensure that the mechanisms for public defence are available to individuals with insufficient financial resources, with a view to providing legal aid and official legal representation at all levels.
The law shall regulate the organisation and functioning of public defence.

Article 197. (Justices of the peace)

Justices of the peace shall be permitted to resolve minor social conflicts.
The law shall regulate the organisation and functioning of justices of the peace.