Angola 2010

Article 30. (Right to life)

Article 31. (Right to personal integrity)

1. The moral, intellectual and physical integrity of individuals shall be inviolable.
2. The state shall respect and protect the human person and human dignity.

Article 32. (Right to identity and privacy)

1. Freedom of expression
   The right to personal identity, civil capacity, nationality, a good name and reputation, likeness, free speech, and privacy in personal and family life shall be recognised for all.
2. Human dignity
   The law shall establish effective guarantees against the procurement and use of information relating to individuals and families in a manner which is abusive or offends against human dignity.

Article 33. (Inviolability of the home)

1. The home shall be inviolable.
2. Regulation of evidence collection
   No-one may enter or carry out a search or seizure in the home of any individual without their consent, except in situations prescribed under the Constitution and in law and when provided with a warrant from the appropriate authority issued for legally prescribed cases in the legally prescribed manner, in the case of flagrante delito or in emergency situations in order to provide assistance.
3. The law shall establish the cases in which the appropriate authority may order the entry, search and seizure of property, documents or other objects in the home.

Article 34. (Inviolability of correspondence and communications)

1. Telecommunications
   The secrecy of correspondence and other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable.
2. Interference by the public authorities in private correspondence and other means of private communication shall only be permitted by means of a ruling by the appropriate judicial authority under the terms of the law.

Article 35. (Family, marriage and filiation)

1. Provision for civil marriage
   The family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a defacto union between a man and a woman.
2. Right to found a family
   Everyone shall have the right to freely found a family under the terms of the Constitution and the law.
3. Provision for matrimonial equality
   Men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties.
4. Regulation of marriage, Rights of children, Provision for civil marriage
   The law shall regulate the requirements for, and the effects of, marriage and defacto union, as well their dissolution.
5. Children shall be equal before the law and any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited.
6. Right to health care, Rights of children, Rights or duties of parents
   It shall be an absolute priority of the family, the state and society to protect the rights of the child, namely their full and balanced upbringing, health care, education and living conditions .
7. Rights of children, Reference to art
   The state, in collaboration with the family and society, shall promote the full and balanced development of young people and adolescents, and the creation of conditions for the fulfilment of their political, economic, social and cultural rights and shall foster youth organizations established for economic, cultural, artistic, recreational, sporting, environmental, scientific, educational, patriotic and international youth exchange purposes.

Article 36. (Right to physical freedom and personal security)

1. Everyone shall have the right to physical freedom and individual security.
2. Principle of no punishment without law
   No-one may be deprived of their freedom, except in cases prescribed by the Constitution and the law.
3. The right to physical freedom and individual security shall also involve:
   1. Prohibition of corporal punishment
      The right not to be subjected to any form of violence by public or private entities;
   2. Prohibition of cruel treatment, Prohibition of corporal punishment, Prohibition of torture
      The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner;
   3. The right to fully enjoy physical and mental integrity;
   4. The right to protection and control over one's own body;
   5. The right not to be submitted to medical or scientific experiments without prior informed and duly justified consent.

Article 37. (Right to property, requisitions and expropriations)

1. Right to own property, Right to transfer property
   Everyone shall be guaranteed the right to private property and to its transmission, under the terms of the Constitution and the law.
2. Protection from expropriation
   The state shall respect and protect the property and any other rights in rem of private individuals, corporate bodies and local communities, and temporary civil requisition and expropriation for public use shall only be permitted upon prompt payment of just compensation under the terms of the Constitution and the law.
3. Protection from expropriation
   The payment of the compensation referred to in the previous point shall be a condition of expropriation.

Article 38. (Right to free economic initiative)

1. Private enterprise shall be freely undertaken and exercised with respect for the Constitution and the law.
2. Everyone shall have the right to engage in free business and cooperative initiatives, to be exercised under the terms of the law.
3. The law shall promote, regulate and protect the economic activities and investments of private, national or foreign individuals and corporate bodies in order to guarantee their contribution to the development of the country, defending the economic and technological emancipation of the Angolan people and the interests of workers.

Article 39. (Environmental rights)

1. Everyone has the right to live in a healthy and unpolluted environment and the duty to defend and preserve it.
2. The state shall take the requisite measures to protect the environment and species of flora and fauna throughout national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species.
3. Acts that endanger or damage conservation of the environment shall be punishable by law.

Article 40. (Freedom of expression and information)

1. Everyone shall have the right to freely express, publicise and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination.
2. Freedom of press
   The exercise of the rights and freedoms described in the previous point may not be obstructed or limited by any type or form of censorship.
3. Freedom of expression and information shall be restricted by the rights enjoyed by all to their good name, honour, reputation and likeness, the privacy of personal and family life, the protection afforded to children and young people, state secrecy, legal secrecy, professional secrecy and any other guarantees of these rights, under the terms regulated by law.
4. Anyone committing an infraction during the course of exercising freedom of expression and information shall be held liable for their actions, in disciplinary, civil and criminal terms, under the terms of the law.
5. Under the terms of the law, every individual and corporate body shall be assured the equal and effective right of reply, the right to make corrections, and the right to compensation for damages suffered.

Article 41. (Freedom of conscience, religion and worship)

1. Freedom of conscience, religion and worship shall be inviolable.
2. No-one shall be deprived of their rights, persecuted or exempted from obligations due to their religious beliefs or philosophical or political convictions.
3. Right to conscientious objection
   Under the terms of the law, the right to be a conscientious objector shall be guaranteed.
4. Census
   No authority shall question anyone with regard to their convictions or religious practices, except in order to gather statistical data that cannot be individually identified.

Article 42. (Intellectual property)

1. Reference to art, Freedom of press, Reference to science
   Intellectual, artistic, political, scientific and communications activities shall be freely expressed, independently of any censorship or licence.
2. Right to transfer property
   Authors shall have the exclusive right to use, publish and reproduce their work, which can be transmitted to their heirs for the period of time established by law.
3. Under the terms of the law the following shall be ensured:
   1. Protection for individual involvement in collective work and in the reproduction of the human image and voice, including cultural, educational, political and sporting activities;
   2. The right of creators, performers and the respective trade union and supervisory associations to benefit financially from works they have created or taken part in.
4. The law shall ensure the authors of industrial inventions, patents for inventions and technological process the temporary privilege of using them, in addition to ensuring protection for industrial creations, ownership of brands, company names and other distinctive trademarks, with a view to the interests of society and the technological and economic development of the country.

Article 43. (Freedom of cultural and scientific creation)

1. Intellectual, artistic and scientific creation shall not be restricted.
2. The freedom referred to in the previous point shall comprise the right to invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law.

Article 44. (Freedom of the press)

1. Reference to art
   Freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature.
2. State operation of the media, Telecommunications
   The state shall ensure plural expression, imposing different ownerships and editorial diversity in the media.
3. Radio, State operation of the media, Television, Telecommunications
   The state shall ensure the existence and the independent and qualitatively competitive functioning of a public radio and television service.
4. The law shall establish the forms by which freedom of the press shall be exercised.

Article 45. (Right to broadcasting time, right of reply and of political response)

1. Television, Campaign financing, Radio, State operation of the media
   During general and local elections and referendums, candidates shall have the right to broadcasting time on state radio and television stations in accordance with the scope of the election or referendum, under the terms of the Constitution and the law.
2. Political parties with seats in the National Assembly have the right of reply and political response to statements by the Executive, under the terms regulated by law.

Article 46. (Freedom of residence, movement and emigration)

1. Any citizen legally residing in Angola may freely establish their residence, move and settle anywhere in national territory, except in cases prescribed in the Constitution and when the law establishes restrictions, namely regarding entry and residence, protection of the environment or vital national interests.
2. Every citizen shall be free to emigrate and leave national territory and to return to it, without prejudice to any restrictions arising out of the fulfillment of legally established duties.

Article 47. (Freedom to meet and demonstrate)

1. Freedom of assembly and peaceful, unarmed demonstration shall be guaranteed to all citizens, without the need for any authorisation and under the terms of the law.
2. The appropriate authorities must be given advance notification of meetings and demonstrations held in public places, under the terms and for the purposes established in law.

Article 48. (Freedom of association)

1. All citizens shall have the right to freely associate with one another without requiring any administrative authorisation, on condition that such associations are organised on the basis of democratic principles, under the terms of the law.
2. Associations shall pursue their purposes freely and without interference from the public authorities and may not be dissolved or have their activities suspended, except in cases prescribed by law
3. No-one shall be obliged to belong to an association, or be coerced by any means to remain a member of one.
4. Any associations or groupings whose purposes or activities are contrary to the constitutional order, or which incite and practice violence, promote tribalism, racism, dictatorship, fascism or xenophobia, in addition to any military, militarised or paramilitary-type associations, shall be prohibited.

Article 49. (Freedom of professional and business association)

1. All members of the liberal or independent professions and, in general, all self-employed workers shall be guaranteed freedom of professional association in order to defend their rights and interests and to regulate the ethics of each profession.
2. Associations for members of the liberal or independent professions shall be governed by the principles of democratic organisation and functioning and independence from the state, under the terms of the law.
3. The ethical standards of the professional associations may not contradict the constitutional order, fundamental human rights or the law.

Article 50. (Trade union freedoms)

1. It shall be recognised that all workers have the freedom to create trade union organisations to defend their collective and individual interests.
2. It shall be recognised that trade union associations have the right to defend the rights and interests of workers and to exercise the right to social dialogue, which must duly take into account the fundamental human rights of individuals and communities and the actual capacity of the economy, under the terms of the law.
3. The law shall regulate the founding, affiliation, federation, organisation and closure of trade union associations and shall guarantee their autonomy and independence from employers and the state.

Article 51. (Right to strike and prohibition of lock-outs)

1. Right to strike
   Workers shall have the right to strike.
2. Lock-outs shall be prohibited and employers may not bring a company totally or partially to standstill by forbidding workers access to workplaces or similar as a means of influencing the outcome of labour conflicts.
3. The law shall regulate the exercise of the right to strike and shall establish limitations on the services and activities considered essential and urgent in terms of meeting vital social needs.

Article 52. (Participation in public life)

1. Every citizen shall have the right to take part in political life and the direction of public affairs, either directly or via freely elected representatives, and to be informed of the actions of the state and the management of public affairs, under the terms of the Constitution and by law.
2. Duty to obey the constitution
   It shall be the duty of every citizen to comply with and respect the law and obey the orders of the legitimate authorities issued under the terms of the Constitution and the law, respecting fundamental rights, freedoms and guarantees.

Article 53. (Standing for public office)

1. Every citizen shall have the free and equal right to stand for public office, under the terms of the Constitution and the law.
2. No-one shall be prejudiced in terms of their appointment, job or professional career, or the social benefits to which they are entitled, due to the exercise of political rights or the holding of public office, under the terms of the Constitution and by law.
3. In governing the right to stand for elected office, the law shall only determine the ineligibilities required to guarantee electors freedom of choice and ensure independence and lack of bias in the exercise of the offices in question.

Article 54. (Right to vote)

1. Minimum age for first chamber, Claim of universal suffrage
   Every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the Constitution and the law.
2. The right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution.
3. The exercise of the right to vote shall be personal and non-transferable and shall be a civic duty.

Article 55. (Freedom to form political associations and political parties)

1. There shall be freedom to create political associations and political parties, under the terms of the Constitution and the law.
2. Every citizen shall have the right to participate in political associations and political parties, under the terms of the Constitution and the law.

Article 56. (General guarantee of the state)

1. The state shall recognise as inviolable the fundamental rights and freedoms enshrined in the Constitution and shall create the political, economic, social and cultural conditions and conditions of peace and stability that guarantee their effective realisation and protection, under the terms of the Constitution and the law.
2. Duty to obey the constitution
   It shall be the duty of all public authorities to respect and guarantee the free exercise of fundamental rights and freedoms and the fulfilment of constitutional and legal duties.

Article 57. (Restriction of rights, freedoms and guarantees)

1. The law may only restrict rights, freedoms and guarantees in cases expressly prescribed in the Constitution and these restrictions must be limited to what is necessary, proportional and reasonable in a free and democratic society in order to safeguard other constitutionally protected rights and interests.
2. Laws restricting rights, freedoms and guarantees must be of a general and abstract nature and may not have a retroactive effect nor reduce the extent or scope of the essential content of constitutional precepts.

Article 58. (Limitation or suspension of rights, freedoms and guarantees)

1. The exercise of the rights, freedoms and guarantees of citizens may only be limited or suspended in the event of a state of war, siege or emergency, under the terms of the Constitution and the law.
2. A state of war, siege or emergency may only be declared in part or all of national territory in cases of actual or imminent aggression by foreign forces, serious threat to, or disturbance of, the constitutional democratic order, or public disaster.
3. The decision to opt for a state of war, siege or emergency, in addition to its declaration and implementation must always be limited to the necessary and appropriate actions required to maintain public order and protect general interests, observing the principle of proportionality and being limited, particularly with regard to extent and duration and the means employed, to that which is strictly necessary to promptly restore constitutional normality.
4. The declaration of a state of war, siege or emergency shall confer on the public authorities the power and responsibility to take the appropriate steps needed to restore constitutional normality.
5. Under no circumstances may the declaration of a state of war, siege or emergency effect:
   1. The application of constitutional rules concerning the responsibilities and functioning of the bodies that exercise sovereign power;
   2. The rights and immunities of the members of bodies that exercise sovereign power;
   3. The right to life, personal integrity and personal identity;
   4. Civil capacity and citizenship;
   5. The non-retroactive nature of criminal law;
   6. The right to a defence;
   7. Freedom of conscience and religion.
6. Special law shall regulate the state of war, siege or emergency.

Article 59. (Ban on the death penalty)

Article 60. (Ban on torture and degrading treatment)

Article 61. (Repugnant and violent crimes)

Article 62. (Irreversibility of amnesty)

Article 63. (Rights of those detained and imprisoned)

Article 64. (Deprivation of freedom)

1. Deprivation of freedom shall only be permitted in cases and under the conditions determined by law.
2. The police or any other entity may only detain or make an arrest in cases prescribed in the Constitution and in law, in flagrante delito or when in possession of a warrant issued by the appropriate authority.

Article 65. (Application of criminal law)

1. Criminal liability shall be personal and non-transferable.
2. Protection from ex post facto laws
   No-one shall be sentenced under criminal law unless the act or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites are laid down in a pre-existing law.
3. Protection from ex post facto laws
   No sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law.
4. No-one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question or verification of the respective prerequisites, and criminal laws with a content more favourable to the defendant shall be applied retroactively.
5. Prohibition of double jeopardy
   No-one shall be tried more than once for the same matter.
6. Protection from false imprisonment
   Citizens who are unjustly convicted shall have the right to have their sentences reviewed and to receive compensation for any damages they have suffered, as prescribed by law.

Article 66. (Limits on sentences and security measures)

1. No sentence or security measure that deprives or restricts freedom shall be perpetual in nature or of an unlimited or undefined duration.
2. Convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to the limitations inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences.

Article 67. (Guarantees in criminal proceedings)

1. Principle of no punishment without law, Right to appeal judicial decisions
   No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.
2. Presumption of innocence in trials
   All citizens shall be presumed innocent until their sentence has become res judicata.
3. The defendant shall have the right to choose a lawyer or counsel and to be assisted by them throughout the legal proceedings, and the cases and phases in which legal assistance is obligatory shall be specified by law.
4. Defendants and prisoners shall have the right to receive visits from their lawyer, family, friends and religious counsellor and to correspond with them, without prejudice to the provisions contained in Article 63(e) and Article 194(3).
5. Defendants or prisoners who are unable to appoint a lawyer for financial reasons must, under the terms of the law, be ensured adequate legal aid.
6. Right to appeal judicial decisions
   Any individual who is sentenced shall have the right to lodge an appeal or extraordinary review procedure with the appropriate court against their penal sentence, under the terms of the law.

Article 68. (Habeas corpus)

1. Everyone shall have the right to apply for a writ of habeas corpus against the misuse of power in the form of illegal imprisonment or detention, to be lodged with the appropriate court.
2. Application for a writ of habeas corpus may be made by the individual concerned or any individual exercising their political rights.
3. The process of habeas corpus shall be regulated by law.

Article 69. (Habeas data)

1. Right to information
   Everyone shall have to right to apply for a writ of habeas data to ensure that they are informed of any information about them contained in files, archives and computerised records, and that they are informed of the purpose for which this is destined and, in addition, shall have the right to demand that these are corrected or updated, under the terms of the law and whilst safeguarding state and legal secrecy.
2. The recording and processing of data referring to political, philosophical or ideological beliefs, religious faith, political party or trade union membership or the ethnic origins of citizens for discriminatory purposes shall be prohibited.
3. Access to the personal data of third parties and the transfer of personal data from one file to another within different departments or institutions shall also be prohibited, except in the cases established in law or legal rulings.
4. The provisions contained in the previous article shall, with the necessary adaptations, apply to habeas data.

Article 70. (Extradition and deportation)

1. The deportation or extradition of Angolan citizens from national territory shall not be permitted.
2. Protection of stateless persons
   The extradition of foreign citizens for political motives, for charges punishable by the death penalty or in cases where it is justifiably recognised that extradition may lead to the torture, inhumane or cruel treatment of the individual concerned or will result in irreversible damage to their physical integrity under the law of the state applying for extradition, shall not be permitted.
3. In accordance with the law, the Angolan courts shall know the charges made against citizens whose extradition is not permitted, in accordance with the provisions contained in the previous points in this Article.
4. The expulsion from national territory of foreign citizens or stateless persons with authorisation to reside in the country or those who have requested asylum shall only be determined by a judicial ruling, except when an authorisation has been revoked, under the terms of the law.
5. The law shall regulate the requirements and conditions for the extradition and expulsion of foreigners.

Article 71. (Right of asylum)

1. All foreign or expatriate citizens shall be guaranteed the right to asylum in the event of persecution for political reasons, namely those involving serious threat or persecution as a result of their work for democracy, national independence, peace amongst different peoples, liberty and human rights, in accordance with the laws in force and international instruments.
2. The law shall define the status of political refugees.

Article 72. (Right to a fair and appropriate trial)

Article 73. (Right to submit petitions, accusations, claims and complaints)

Article 74. (Right to popular action)

Article 75. (Liability of the state and other public corporate bodies)

1. The state and other public corporate bodies shall be jointly and civilly liable for any actions and omissions committed by their organs, their respective officeholders, agents and staff in the exercise of their legislative, judicial and administrative duties or as a result of the said duties which result in the violation of rights, freedoms and guarantees or in losses to those entitled to them or third parties.
2. The individuals responsible for these acts or omissions shall be held liable for them, in criminal and disciplinary terms, under the terms of the law.

Article 108. (Head of State and Executive Power)

1. Designation of commander in chief, Name/structure of executive(s)
   The President of the Republic shall be the Head of State, the Executive Power and the Commander-in-Chief of the Angolan Armed Forces.
2. Deputy executive
   The President of the Republic shall exercise executive power, assisted by a Vice-President, Ministers of State and Ministers.
3. The Ministers of State and Ministers shall be assisted by Secretaries of State or Vice-Ministers, where they exist.
4. 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.
5. International law
   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)

1. Scheduling of elections
   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.
2. The individual heading the list is identified on the ballot paper for the benefit of the voters.

Article 110. (Eligibility)

1. Minimum age of head of state
   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.
2. 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. Restrictions on the armed forces
      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)

1. Nominations for President of the Republic shall be proposed by the political parties or coalitions of political parties.
2. 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)

1. 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.
2. 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.

Article 113. (Term of office)

1. Head of state term length
   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.
2. Head of state term limits
   Each citizen may serve up to two terms of office as President of the Republic.

Article 114. (Inauguration)

1. Constitutional court powers
   The President of the Republic elect shall be inaugurated by the President of the Constitutional Court.
2. The inauguration shall take place up to fifteen days after the official publication of the election results.
3. 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)

Article 116. (Relinquishment of office)

Article 117. (Exclusive responsibility to the Constitution)

Article 118. (Message to the nation)

Article 119. (Responsibilities as Head of State)

Article 120. (Responsibilities as Executive Power)

Article 121. (Responsibilities regarding international relations)

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

Article 123. (Responsibilities regarding national security)

Article 124. (Enactment of National Assembly laws)

1. The President of the Republic shall enact the laws of the National Assembly within thirty days of receiving them.
2. 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.
3. 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.
4. 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)

1. 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).
2. The acts of the President of the Republic referred to Article 120(e) shall take the form of Presidential legislative decrees;
3. 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.
4. 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.
5. Administrative acts of the President of the Republic shall take the form of Presidential dispatches.

Article 126. (Provisional Presidential legislative decrees)

1. 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.
2. Provisional Presidential legislative decrees shall have legal force.
3. Provisional Presidential legislative decrees on the following may not be approved:
   1. Matters which are reserved exclusively and absolutely for National Assembly legislation;
   2. Budget bills
      The State Budget;
4. 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.
5. 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.
6. 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).
7. 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.
8. 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.

Article 127. (Criminal liability)

1. Head of state immunity
   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.
2. Conviction shall lead to removal from office and disqualification from standing for another term of office.
3. Supreme court powers
   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)

1. 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.
2. 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.
3. 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.
4. 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)

1. 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;
2. 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.
3. Supreme court powers
   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.
4. Constitutional court powers
   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.
5. 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.
6. 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)

1. 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.
2. The vacancy shall be verified and declared by the Constitutional Court, under the terms of the Constitution and the law.

Article 131. (Vice-President)

1. The Vice-President shall be an auxiliary office of the President of the Republic in the exercise of his executive functions.
2. 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.
3. 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)

1. 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.
2. 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.
3. 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.
4. 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.
5. 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
6. Constitutional court powers
   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)

1. Former Presidents of the Republic shall enjoy the immunity prescribed in the Constitution for members of the Council of the Republic.
2. 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
3. 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.

Article 134. (Council of Ministers)

1. 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.
2. Deputy executive
   The President of the Republic shall preside over the Council of Ministers, which shall comprise the Vice-President, Ministers of State and Ministers.
3. Secretaries of State and Vice-Ministers may be invited to take part in meetings of the Council of Ministers.
4. 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 law, Treaty ratification
      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.
5. Head of state decree power
   The Rules of Procedure for the Council of Ministers shall be approved by Presidential decree.

Article 135. (Council of the Republic)

1. The Council of the Republic shall be collegiate body consulted by the Head of State.
2. Deputy executive
   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.
3. The members of the Council of the Republic shall enjoy the immunities of Members of the National Assembly, under the terms of this Constitution.
4. Head of state decree power
   The Rules of Procedure for the Council of the Republic shall be approved by Presidential decree.

Article 136. (National Security Council)

1. 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.
2. Deputy executive
   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.
3. Head of state decree power
   The organisation and functioning of the National Security Council shall be defined by Presidential decree.

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

Article 138. (Incompatibilities)

1. 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.
2. 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)

Article 140. (Criminal liability)

1. 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.
2. 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.

Article 141. (Definition)

1. The National Assembly shall be the parliament of the Republic of Angola.
2. 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)

Article 143. (Electoral system)

1. Claim of universal suffrage, Secret ballot
   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.
2. Term length for first chamber
   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)

1. Members shall be elected by constituencies, there being one national constituency and constituencies corresponding to each of the provinces.
2. 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)

1. The following shall be ineligible for election as Members:
   1. Serving judges and public prosecutors;
   2. Restrictions on the armed forces
      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.
2. Citizens who have acquired Angolan nationality shall only be eligible seven years after the date on which nationality was acquired.

Article 146. (Nominations)

1. 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.
2. 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.

Article 147. (Nature of mandate)

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

1. 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.
2. Removal of individual legislators
   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)

1. The office of Member shall be incompatible with the exercise of the following functions:
   1. President and Vice-President of the Republic;
   2. Eligibility for cabinet
      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.
2. 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.
3. 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)

1. 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.
2. Standing committees
   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.
3. Removal of individual legislators
   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)

1. 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.
2. 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)

1. A Member may resign by means of a written statement.
2. 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. Attendance by legislators
      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)

1. 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.
2. 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.
3. If no more candidates remain on the list of the former Member, the seat shall not be filled.

Article 154. (Impediments)

Article 155. (Internal organisation)

Article 156. (Standing Committee)

1. 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.
2. 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.
3. 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. Extraordinary legislative sessions
      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.
4. The Standing Committee shall function throughout the legislature until the first constituent meeting of the new Assembly.

Article 157. (Legislative sessions)

1. Each legislature shall last for five legislative sessions or parliamentary years.
2. 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.
3. Legislative sessions shall include the ordinary and extraordinary plenary sittings required in order to pursue activities.

Article 158. (Quorum)

Article 159. (Decisions)

Article 160. (Organisational competence)

Article 161. (Political and legislative competencies)

Article 162. (Competence for control and scrutiny)

Article 163. (Competence in relation to other bodies)

Article 164. (Exclusive power to legislate)

Article 165. (Relative legislative competence)

1. 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. Protection from expropriation
       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. Right to culture, Protection of environment
       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.
2. 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.

Article 166. (Form of acts)

1. In the exercise of its functions, the National Assembly shall issue constitutional revision laws, organic laws, basic laws, laws, authorisations to legislate and resolutions.
2. 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
      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)

1. The power to initiate legislation may be exercised by Members, Parliamentary Groups and the President of the Republic.
2. 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.
3. Legislative initiatives introduced by Members and Parliamentary Groups shall assume the form of bills.
4. Legislative initiatives introduced by the President of the Republic shall assume the form of legislative proposals.
5. Groups of citizens and the organisations representing them may present proposals for introducing new legislation, under the terms to be defined by law.
6. 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)

1. 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.
2. Initiatives introduced by Members and Parliamentary Groups shall assume the form of referendum proposals.
3. Constitutional referendums shall not be permitted.

Article 169. (Approval)

1. Organic laws
   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.
2. Bills for organic laws shall be approved by an absolute majority of the Members in full exercise of their office.
3. Quorum for legislative sessions
   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)

1. Laws granting authorisation to legislate must define the object, purpose, extent and duration of the authorisation.
2. Laws granting authorisation to legislate may not be used more than once, notwithstanding the fact that they may be used in stages.
3. 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;
4. 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)

1. 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).
2. Authorised Presidential legislative decrees shall be subject to consideration with a view to amending or ending their force.
3. 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.
4. The suspension referred to in the previous point shall expire if forty-five days elapse without the National Assembly making a final pronouncement.
5. 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.
6. 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)

1. 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).
2. 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.
3. 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
4. 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.
5. The provision contained in Point 6 of the previous Article shall apply to parliamentary consideration of provisional Presidential legislative decrees.

Article 173. (Emergency proceedings)

1. Legislative committees
   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.
2. 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.
3. 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.

Article 174. (Jurisdiction)

1. The courts shall be sovereign bodies with the power to administer justice in the name of the people.
2. 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.
3. 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.
4. The law shall constitute and regulate extra-judicial means and forms of settling conflicts and their constitution, organisation, responsibilities and functioning.
5. The courts may not deny justice due to a lack of financial means.

Article 175. (Independence of the courts)

Article 176. (System of jurisdiction)

1. 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.
2. 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.
3. Establishment of administrative courts
   An autonomous administrative, fiscal and customs jurisdiction may also be created, headed by a High Court.
4. Maritime courts may also be created.
5. The creation of courts with exclusive powers to try specific infractions shall be prohibited.

Article 177. (Court rulings)

1. 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.
2. 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.
3. 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)

Article 179. (Judges)

1. In the exercise of their duties, judges shall be independent and shall owe obedience only to the Constitution and the law.
2. Supreme/ordinary court judge removal, Constitutional court removal, Mandatory retirement age for judges
   Judges shall not be removed from office, nor transferred, promoted, suspended, retired or dismissed unless under the terms of the Constitution and the law.
3. Judges shall not be responsible for the decisions they make during the course of their duties, except for the restrictions imposed by law.
4. 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.
5. Serving judges may not exercise any other public or private duties except teaching or academic research of a legal nature.
6. Serving judges may not become affiliated to political parties or political associations or become involved in party political activities.
7. It shall be recognised that judges have the right to social and professional associations, but are forbidden the right to strike.
8. Establishment of judicial council
   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.

Article 180. (Constitutional Court)

1. 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.
2. Constitutional court powers, Constitutional interpretation
   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. Constitutional court selection
      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.
3. Constitutional court term length
   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)

1. Structure of the courts
   The Supreme Court shall be the senior body in common jurisdiction.
2. Establishment of judicial council, Supreme court selection, Eligibility for supreme court judges
   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.
3. Supreme court selection
   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.
4. Supreme court term length, Supreme court term limits
   The Presiding Judge and Vice-President of the Supreme Court shall serve a seven-year, non-renewable term of office.
5. Supreme court powers
   The organisation, responsibilities and functioning of the Supreme Court shall be established by law.

Article 182. (Supreme Military Court)

1. The Supreme Military Court shall be the highest body within the hierarchy of the military courts.
2. 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.
3. The organisation, responsibilities and functioning of the Supreme Military Court shall be established by law.

Article 183. (Court of Auditors)

1. 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.
2. 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.
3. The composition and responsibilities of the Court of Auditors shall be established by law.
4. 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)

1. 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.
2. 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.
3. 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.
4. The members of the High Council of the Judicial Bench shall enjoy the same immunities as the judges of the Supreme Court.

Article 185. (Institutional autonomy)

1. 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.
2. The autonomy of the Prosecutor's Office shall be characterised by the fact that it is bound by the criteria of legality and objectivity.
3. 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)

Article 187. (Status)

1. 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.
2. 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.
3. Public prosecutors may not be transferred, suspended, retired or removed from office except in the cases prescribed in their statutes.
4. 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)

Article 189. (Attorney-General's Office)

1. 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.
2. The Attorney-General's Office shall enjoy administrative and financial autonomy, under the terms of the law.
3. 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.
4. 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.
5. The Assistant Attorneys-General shall represent the Public Prosecutor's Office before the Supreme Court, Constitutional Court, Court of Auditors and other High Courts.
6. 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.
7. 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)

1. 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.
2. 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.
3. 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.
4. 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)

1. 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.
2. The organisation and functioning of the Military Prosecutor's Office shall be regulated by law.

Article 192. (Ombudsman)

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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)

1. Legal practice is an essential institution in the administration of justice.
2. 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.
3. 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)

1. 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.
2. 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.
3. 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)

1. The Bar Association shall be responsible for providing legal aid, access to the law and legal representation at all jurisdictional levels.
2. 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)

1. 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.
2. The law shall regulate the organisation and functioning of public defence.

Article 197. (Justices of the peace)

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

Article 226. (Constitutionality)

1. Federal review of subnational legislation
   The validity of laws and the various acts of the state, the public administration and the local authorities shall depend on their compliance with the Constitution.
2. Laws or acts which violate the principles and norms enshrined in this Constitution shall be unconstitutional.

Article 227. (Objective of review)

Article 228. (Prior review of constitutionality)

1. Legal status of treaties, International law
   The President of the Republic may ask the Constitutional Court to conduct a prior review of the constitutionality of any rule contained in legislation that has been submitted for enactment, any international treaty submitted to him for ratification or any international agreement sent to him for signature.
2. One tenth of the Members of the National Assembly in full exercise of their office may also request a prior review of the constitutionality of any rule contained in legislation that has been submitted for enactment
3. A prior review of constitutionality must be requested within twenty days of reception of the legislation in question.
4. The Constitutional Court must pronounce within forty-eight days, which may be reduced due to urgency if so requested by the President of the Republic or one tenth of the Members of the Assembly in full exercise of their office.

Article 229. (Effect of prior review)

1. Legislation for which a prior review of constitutionality has been requested from the Constitutional Court may not be enacted, signed or ratified before the Constitutional Court has delivered its ruling.
2. If the Constitutional Court declares that any rule contained in a piece of legislation, treaty, convention or international agreement is unconstitutional, it must be vetoed by the President of the Republic and returned to the body which had approved it.
3. In cases provided for under the previous point, the legislation, treaty, convention or international agreement may not be enacted, ratified or signed, as appropriate, unless the body that passed it expunges the rule that has been deemed unconstitutional.
4. If the legislation, treaty, convention or international agreement is reformulated, the President of the Republic or the Members who had contested its constitutionality may request a prior review of the constitutionality of any of its rules.

Article 230. (Legitimacy)

1. The Constitutional Court shall consider and shall declare with generally binding force the unconstitutionality or otherwise of any rule.
2. The following may request a declaration of unconstitutionality from the Constitutional Court:
   1. The President of the Republic;
   2. One tenth of the Members of the Assembly of the Republic in full exercise of their office;
   3. Parliamentary Groups;
   4. The Attorney-General;
   5. Ombudsman
      The Ombudsman;
   6. The Bar Association of Angola.

Article 231. (Effects of abstract review)

1. A declaration of unconstitutionality with generally binding force shall be effective from the date on which the rule that has been declared unconstitutional came into force and shall lead to the revalidation of the rule that has been revoked.
2. However, in the case of unconstitutionality due to an infraction of a subsequent constitutional rule, the declaration shall only be effective from the date on which the latter comes into force.
3. Rulings in cases that have already been tried shall stand, save when the Constitutional Court rules to the contrary in relation to rules concerning penal or disciplinary matters or administrative offences and their contents were less favourable to the defendant.
4. When required for the purposes of legal certainty, reasons of fairness or matters of exceptionally important public interest, which must be duly justified, the Constitutional Court may rule that the scope of the effects of the unconstitutionality or illegality shall be more restricted than those provided for in Points 1 and 2 of this Article.

Article 232. (Unconstitutionality by omission)

1. The President of the Republic, one fifth of the Members in full exercise of their office and the Attorney-General may request the Constitutional Court to rule on unconstitutionality by omission.
2. Whenever the Constitutional Court determines unconstitutionality by omission it shall inform the appropriate legislative body in order to enable it to amend the omission.