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Sovereign Bodies

The President of the Republic

Accordingly to the Constitution, the President of the Republic is the head of State. He represents the nation domestically and internationally. He ensures compliance with the constitution and is the commander in chief of the Angolan Armed Forces.

Then President is elected in a direct election, by an absolute majority of votes to a five-year term of office. If no one candidate obtains an absolute majority of votes, a run-off election is held between the top two candidates.

The President may be re-elected for two consecutive or discontinuous terms.

The President appoints the Prime Minister, ministers of government, the Central Bank Governor, the Chief of Staff of the Armed Forces, he Attorney General ad judges. The President

presides over the Council of Ministers and the Council of the Republic. He or she can declare war, make peace, and sign and promulgate laws approved by the National Assembly.

In the exercise of his powers, the President of the Republic shall issue presidential decrees and dispatches that shall be published in the Diario da Republica.

As it is mentioned in the Constitution, the President has the Council of the Republic as a political consultative body of the President of the Republic.

The Council of the Republic is requested to:

  • State its views on the dissolution of the National Assembly;
  • State its views on the resignation of the Government;
  • State its views on the declaration of war and making of peace;
  • State its views on acts of the interim President of the Republic in respect of the
  • appointment of the Prime Minister, the resignation of the Government, the appointment and dismissal of the Attorney General, the chief of General Staff of the Angolan Armed Forces and the deputies thereof, and the Chiefs of Staff of the different branches of the Armed Forces;

Advise the President of the Republic in the exercise of his powers when so requested by the President of the Republic....,
 
The National Assembly

The National Assembly is the highest state body in the Angola and represents the sovereign will of the Angolan people. It promotes the implementation of the objectives of the relating to the State's life.
The Assembly's jurisdiction includes making changes in the constitutional law, approving laws, the proposal of the Government, the National Plan and the general state budget.

The Assembly also monitors, at supreme level, the actions of the government and of the other State organs.

The Assembly also monitors, at supreme level, the actions of the government and of the other State organs.

The National Assembly also authorizes the government to contract and grant loans, approves international treaties, grants amnesties and authorizes the President to declare war and make peace.
The National Assembly is the representative assembly of all Angolans and express the sovereign will of the Angolan people. The National Assembly is composed of two hundred and twenty-three Members elected by universal, equal, direct, secret and periodic suffrage for a four year term of office elected through the system of proportional representation.
Among the others, the National Assembly is requested to:

• Amend the current Constitutional Law and approve the Constitution of the Republic if Angola;
• Approve laws on all matters, except those reserved by the Constitutional Law for the Government; Confer legislative authorizations on the Government;
• Approve on the proposal of the Government the National Plan and the General State Budget; Approve on the proposal of the Government, the reports on the execution of the National Plan and the General State Budget;
• Authorize the Government to contract and grant loans and perform other credit operations not involving a floating debt setting out the general terms thereof and establishing the maximum limits of surety ships to be granted annually by the Government;
• Established and alter the political and administrative division of the country; Grant amnesties and general pardons; authorize the President of the Republic to declare war and make peace.
 

The Government

The Government conducts the country's general policy and shall be the highest public administrative body.
The Government is politically responsible to the President of the Republic and the National Assembly in accordance with the Constitution.
The Council of Ministers is presided over by the President of the Republic and shall comprise the Prime Minister, Ministers and Secretaries of State.
The duties of the Prime Minister start with the swearing in thereof and cease with the swearing in of the new Prime Minister. Then duties of the members of the Government shall start with the swearing in thereof and cease when they are dismissed or the Prime Minister is dismissed.
In the event of the resignation of the Government, the Prime Minister of the outgoing Government may be dismissed on the date if the appointment and in swearing of the new Prime Minister. The Prime Minister in general direct conducts and coordinates the general activity of the Government.

• Coordinate and guide the activity of all Ministries and State Secretariats;
• Represent the Government in the National Assembly and domestically and abroad;
• Direct the functioning of the Government and its general relations with other State bodies:
• Substitute the President of the Republic in presiding over the Council of Minister, in accordance with the Constitution;

The Government shall draft its program which shall include the major political, economic and social guidelines and measures to be taken or proposed in the various spheres of Government activity.
In the discharge of the political and its administrations duties, among others, the Government is requested to:

• Attest to acts of the President of the Republic in accordance with the provisions of the Constitution;
• Set out the general lines of Government policy and the implementation thereof;
• Negotiate and conclude international treaties and approve treaties that do not fall within the sole competence of the National Assembly or have not been submitted thereto;
• Present draft laws on the National Assembly;
• Deliberate on motions of the confidence presented to parliament;
• State its views in the declaration of a state of siege or state of emergency;
• Propose to the President of the Republic the declaration of war or the making of peace;
• Draft and promote implementation of the country’s economic and social development plan;
• Draft, approve and direct the execution of the State Budget;
• Approve acts of the Government involving increased or decreased public revenue or expenditure;
• Draft regulations needed for the proper application of laws;
• Administration and oversee autonomous local administration and other autonomous institutions;
• Carry out action and take all necessary measures to promote economic and social.
• Development and satisfy collective needs.

The Courts

Accordingly to the Constitution, Courts shall are Sovereign bodies with powers to administer justice on behalf of the people.
The Supreme Court and other courts instituted by law shall discharge jurisdictional duties. In the discharge of their jurisdictional duties, the courts are independent and subject only to the law and they shall be entitled to the assistance of the other authorities.
The courts guarantee and ensure compliance with the Constitutional Law, laws and other legal provisions in force, protection of the rights and legitimate interest of citizens and institutions, and shall decide on the legality of administrative acts.
Court hearings may be public, unless the court itself deems otherwise in a well-founded ruling, for reasons of the dignity of individuals or public morality, or to ensure the functioning thereof. Apart from the Constitutional Court, courts are structured, in accordance with the law, as follows:

  • Municipal courts;
  • Provincial courts; and
  • The Supreme Court.

The organization and functioning of military justice shall be set out in an appropriate law. Military, administrative, auditing, fiscal. Maritime and arbitration courts may be constituted in accordance with the law.
In the discharge of their duties, judges are independent and owe obedience only to the law. Judges are not removable from office and are not be transferred, promoted, suspended, retired or dismissed except in accordance with the law.
The High Council of the Judicial Bench is the highest body managing and disciplining the judicial bench, and may in general:

  • Consider the professional ability of and take disciplinary action in respect of judges:
  • Propose the appointment of judges to the Supreme Court in accordance with the present Law;
  • Order investigations, inspections and inquires into the legal services and propose the measures needed to ensure the efficiency and improvement thereof;
  • Appointment, place, transfer and promote judges, without prejudice to the provisions of the present Law.

The High Council of the Judicial Bench is presided over by the President of the Supreme Court and is composed of the following; Three lawyers nominated by the President of the Republic, at least one of whom shall be a judicial judge;

  • Five lawyers nominated by the National Assembly;
  • Ten judges elected by the judicial judges from among their own numbers,
  • Members of the High Council of the Judicial Bench shall enjoy the same immunities as Supreme Court judges.

The Constitutional Court is in general administering justice n legal and constitutional matters, and may:

  • Prevent unconstitutional, in accordance with the provisions of the Constitution;
  • Consider whether laws, executive laws, ratified international treaties and any rules are unconstitutional, in accordance with the law;
  • Verify and consider non-compliance with the Constitutional Law owing to failure to take the requisite measures to make constitutional rules executable;
  • Consider appeals in respect of the constitutional nature of all decisions of other courts that refuse to apply any rule on the grounds that it is unconstitutional;
  • Consider appeals in respect of the constitutional nature of all decisions of other courts that apply a rule the constitutional nature of which has been evoked during the trial. The Constitutional Court is composed of seven judges, nominated from among lawyers and judges as follows:
    • Three judges nominated by the President of the Republic including the President of the Court; Three judges elected by the National Assembly by a two-thirds majority of Members present; One judge elected by a full session of the Supreme Court.
    • Judges of the Constitutional Court are appointed for a non-renewable seven-year term.


 
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