: Republic of Angola - Legal System and Research
By Paula Rainha
Paula Rainha graduated from Faculdade de Direito de Lisboa in 2000, having joined the Portuguese Bar Association in 2002. Paula studied for an L.LM at King's College London in 2002-2003 and then practiced as a lawyer at Miranda, Correia, Amendoeira & Associados, the largest law firm working in Lusophone Africa. During that period Paula followed the African Legal Systems course, with Prof. Armando Marques Guedes at Universidade Nova de Lisboa Law School. Currently Paula works with Thomson Legal & Regulatory in the area of online legal research and training in Southern Europe and Africa.
Published September/October 2007
Table of Contents
III. INTRODUCTION TO ANGOLA'S LEGAL SYSTEM & RESEARCH
1.2.1 National Assembly & Government
2.2.3 News sources about Angola
3.1 Online Bookshops / Major publishers (Portuguese)
3.2 Online Bookshops/Major Publishers (English)
3.3 Online Library Catalogues (Portuguese)
6. RESEARCH CENTRES (OUTSIDE ANGOLA)
Explanatory Note: For the purpose of understanding Angola's legal system it is very important to take a close look at its geography, ethno-linguistic groups, and at the impact of foreign actors and external factors in the shaping of Angola's history. Only then can one perceive the huge challenges posed by the task of state-building and enforcing the rule of law in such a vast and diverse territory. Therefore, the first two sections give a very brief overview of Angola's recent history and country profile, with links to further information. Section III and Section IV deal with Angola's legal system and research.
Located in the West coast of Southern Africa, Angola was under Portuguese colonial rule until November 11, 1975 when it became an independent nation. Quite symbolically the first Constitutional Law of Angola is dated 10 November 1975.
Already before independence, the three main political nationalist groups that fought the Portuguese - MPLA - Movimento Popular de Libertação de Angola; FNLA - Frente Nacional de Libertação de Angola; and UNITA - União Nacional para a Independência Total de Angola - were fighting between themselves for the control of the country. With the departure of the common Portuguese enemy, the three movements went straight into civil war.
In 1976 the United Nations' General Assembly admitted Angola as a member of the United Nations, thereby recognizing the MPLA government as legitimate. Since the MPLA was supported by the communist block (namely, USSR and Cuba) the USA abstained from voting the Security Council decision that put forward Angola's membership to the United Nations.
The years to follow were of violent war between MPLA and UNITA over the control of different parts of the country. This war was fuelled by the cold war divide between the USA and the former USSR. The USA together with the People's Republic of China and South Africa supported the then rebel groups FNLA/UNITA, whilst the USSR and its allies supported the MPLA.
The dismantling of the Berlin Wall in 1989 and the imminent end of the Soviet block would be a turning point in Angola's recent history: the country could finally start moving towards democratization.
In 1990 UNITA recognized José Eduardo dos Santos from MPLA as the President of Angola and in 1991 a new constitution and a new law allowing the creation of new political parties were approved (Law 12/91, of 6 May 1991 approving changes to the Constitution and Law 15/91, of 11 May 1991).
In the end of May of 1991 the Bicesse Accords tried to put an end to 16 years of war and elections were scheduled for 1992.The MPLA won the elections but UNITA did not recognise the elections' results hence the country plummeted again into war.
In the aftermath of the democratic election's results Angola's National Assembly approved the 1992 amendments to the constitution. The constitutional law as amended in 1992 is still in force and has not been amended since.
In 1994 the Lusaka Protocol tried again to bring peace to the country. Unfortunately to no avail as UNITA kept on expanding its presence throughout the country and reinforcing its military force.
The war only ended in 2002, with the death of UNITA's leader, Jonas Savimbi and the celebration of the Luena Memorandum of Understanding having UNITA become a non-armed political party.
Angola extends over an area of 1,246,700 Km2 bordering Congo-Brazzaville at the Northern province of Cabinda, the Democratic Republic of Congo (former Zaire) to the North and East, Zambia to the East, and Namibia to the South.
It is divided in 18 provinces (Bengo, Benguela, Bie, Cabinda, Cuando-Cubango, Cuanza Norte, Cuanza Sul, Cunene, Huambo, Huila, Luanda, Lunda Norte, Lunda Sul, Malanje, Moxico, Namibe, Uige, Zaire) and the capital is Luanda.
The main ethno-linguistic groups are Ovimbundu and Mbundo, Kimbundu, Bakongo, Lunda-Chokwe and Ngangela.
Angola is a member of the United Nations, Southern African Development Community (SADC), the African Union (AU), the Economic Community of Central African States (CEEAC) and the Community of Portuguese speaking countries (CPLP).
There are plenty informative and up to date websites in English and Portuguese with Angola's country profiles, general information, documents and papers on different topics:
During colonial times Angola was under Portuguese Law, although the traditional customary law was in many cases tolerated or tacitly accepted. (A summary of this aspect can be found in Narana Coissoro, African Customary Law in the Former Portuguese Territories, 1954-1974, JAL 1984, 28(1-2), 72-79).
When independence arrived, Angola obviously rushed to repeal the old colonial system and its laws and rulings. However, in order to prevent a legal void article 84 of the first constitutional law of Angola guaranteed that the laws and regulations of the Portuguese legal system in force in Angola would remain applicable until revoked or amended and insofar they did not go against the new Angolan Constitution and the Angolan revolutionary process in course.
What followed Angola's independence were 26 years of war and so far more than 30 years of restless legislative activity in a constant attempt to extend the State's view and rule from Luanda to the whole country and population.
Understandably, the Angolan legislator took the Portuguese legal system as a model when structuring its own. This was the natural option due to the previous colonial tie and the sharing of a common language and legal education. However, even if the similarities are quite considerable one should not jump into concluding that today's Portuguese and Angolan legal systems are the same. Even less if we look into the law in action instead of looking into the "law in the books".
Despite the huge legislative production of these last 30 years the road built so far seems rather patchy and unfinished. Quite understandably so if one considers Angola's history in detail. Even finding the way to that patchy and unfinished road is certainly almost a "mission impossible" as it is not easy to get hold of historical or current Angolan legislation (even in the original language) and keeping up with amendments and changes.
Angola's legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law. Courts base their judgements on legislation and there is no binding precedent as understood in common law systems. Therefore, not being able to easily find legislation may indeed be a researcher's most upsetting hurdle.
As to secondary sources, books are in reduced number (both in English and Portuguese) but there is a considerably large number of journal articles and studies (mostly in English), which can be found online albeit scattered through dozens of websites. Most of the books and articles to be found would more likely be classified under African studies, anthropology, history, human rights, political sciences, sociology, war studies or a mix rather than strictly under "Law".
Just a last note to say that many authors defend that Angola is not merely a civil law based legal system, but rather a pluralistic one. The size of the country, the diversity of the population and the many years of war meant that the Angolan State was never, in practical terms, able to reach and rule the country and the population in its entirety. Therefore, in many areas of the country, traditional customary law still plays an important role, as does the local way of applying State law. Needless to say that in this case no investigation of the Angolan legal system will ever be complete without studying the law in action.
The text of the Constitution of the Republic of Angola currently in force was adopted by Law 12/91 of 6 May 1991 and was further amended by Law 23/92 of 25 August 1992. As explained in the preamble, the 1991 Constitution aims at reflecting the "prevailing reality" resulting from the important social, political and economical changes occurred in Angola in the turning of the 80's to the 90's and to foster and regulate those changes. The 1992 revision was made following the first multiparty elections and it intends to clarify "the political system, the separation of powers and the interdependence of sovereign bodies" outlining the essential principles of the political system so that the newly elected sovereign bodies could build a democratic state based on the rule of law.
The Constitution declares Angola as multiparty democracy with a semi-presidential system but it is in many other places said that "the President of the Republic has an active role", this obviously meaning that Angola has in reality a strong presidential system.
According to article 53 of the Constitution the sovereign bodies in Angola are the President, the National Assembly, the Government and the Courts, which are separated but interdependent.
The current Constitution states that the President is both Chief of State and Commander-in-Chief of the Armed Forces. The President is elected by universal ballot for a five-year term and may be eligible for a second consecutive or discontinuous term (articles 57 and 59).
However José Eduardo dos Santos has been Angola's President for 28 consecutive years. President Dos Santos was originally elected without opposition under a one-party system in September 1979 and then won Angola's first multiparty elections in 1992. These were the last presidential elections, the next being expected to take place in 2009.
The Constitution gives the President vast powers, which have been actually extended even further. Thereby Angola may currently be considered to have a strong Presidential system. As stated in article 66, the President shall have the following powers over the other sovereign bodies:
(a) To appoint the Prime Minister, after hearing the political parties represented in the National Assembly;
(b) To appoint and dismiss the other members of the Government and the Governor of the National Bank of Angola, on the proposal of the Prime Minister;
(c) To end the term of office of the Prime Minister and dismiss the Government, after consultation with the Council of the Republic;
(e) To decree the dissolution of the National Assembly after consultation with the Prime Minister, the President of the National Assembly and the Council of the Republic;
(g) To appoint and dismiss ambassadors and receive the credentials of foreign diplomatic representatives;
(h) To appoint Supreme Court judges after hearing the High Council of the Judicial Bench;
(i) To appoint and dismiss the Attorney General, the Deputy Attorney General and the Assistants to the Attorney General on the proposal of the High Council of the Ministry of Justice Bench;
(j) To appoint members of the High Council of the Judicial Bench, in accordance with Article 132 of the Constitutional Law;
The President has a consultative body called Conselho da República (Council of the Republic) to which he presides. This body advises the President in very specific situations such as the dissolution of the National Assembly, discharging the Government, declaration of war etc. (Section II, Chapter I, and Title III of the Constitution).
The President also presides to the Council of Ministers (article 66 d) and article 68 of the Constitution) and signs and promulgates laws approved by the National Assembly and Decrees approved by the Government (article 66 s); article 69 to article 71 of the Constitution).
The Government's structure, composition and activities result from the Constitution and presently also from Law 16/02 of 1 December 2002 (and its amendments).
The Government is composed by the Prime-Minister of Angola and the Ministers. The cabinet or collegial body (Prime-Minister, Ministers and Deputy Ministers) is also called Conselho de Ministros (Council of Ministers).
The President convenes the Council of Ministers and sets its agenda, after hearing the Prime-Minister. The President may expressly delegate the Prime Minister to preside over the Council of Ministers or direct himself the Council's meetings (article 66 d) and article 108 of the Constitution).
Besides having executive powers the Government has legislative powers as stated directly in article 111 of the Constitution, either in areas of its own competency or through delegation of the National Assembly.
Both the Prime Minister and Council of Ministers have their own websites, although there is not much information or documentation available yet. Below is the current list of Angola's ministries, with a link to the respective websites. Most of the websites are still under construction, but some already have information and documents available, although none of the websites is exhaustive or up too date. The best way to get hold of specific materials is by contacting the respective ministries by telephone or e-mail.
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Agriculture and Rural Development Tel: +244 222 323 857 / +244222 323 859
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Commerce Tel: +244 222 311 191 / +244 222 310 935
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Culture Tel: +244 222 32 20 70 / +244 228 74 01 15
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Defence Tel: +244 222 330 354 |
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Education Tel: +244 222 321 236
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Energy and Water Tel: +244 222 337 836 / +244 222 335 039 geral@minea.gov.ao
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Family and Promotion of Women Tel: +244 222 310 057
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Fisheries Tel: +244 222 310 479 / +244 222 310 560
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Foreign Affairs Tel: +244 222 394 827
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Ministério das Relações Exteriores
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Former Combatant and War Veterans Tel: +244 222 321 648
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Ministério dos Antigos Combatentes e Veteranos de Guerra
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Finance Tel: +244 222 336 095
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Geology and Mines Tel: +244 222 322 905
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Health Tel: +244 222 391 641 geral@minsa.gov.ao
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Hotels and Tourism Tel: +244 222 311 448
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Industry Tel: +244 222 332 971
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Interior Tel: +244 222 335 976 geral@minint.gov.ao
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Justice Tel: +244 222 336 045 geral@minjus.gov.ao
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Petroleum Tel: +244 222 337 448 geral@minpet.gov.ao
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Planning Tel: +244 222 390 188 / +244 222 332 731 geral@minplan.gov.ao
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Post and Telecommunications Tel: +244 222 310 164 geral@mct.gov.ao
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Ministério dos Correios e Telecomunicações
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Public Adm, Work and Social Security Tel: +244 222 399 506 geral@mapess.gov.ao
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Ministério da Administração Pública, Emprego e Seguranca Social
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Public Works Tel: +244 222 334 429
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Science and Technology Tel: +244 222 330 218 geral@mincit.gov.ao
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Ministério da Ciência e Tecnologia
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Social Assistance Re-integration Tel: +244 222 440 370
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Social Communication Tel:
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Ministério da Comunicação Social
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Territorial Administration Tel: +244 222 321 072 / 00244 222 321 791
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Ministério da Administração do Território
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Transport Tel: +244 222 311 800
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Urban Development and Environment Tel: geral@minua.gov.ao
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Ministério do Urbanismo e Ambiente
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Youth and Sports Tel: +244 222 443 521 / +244 222 443 781 |
Ministério de Juventude e Desportos
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Decree-Law 2/07 of 3 January 2007 deals with the structure and composition of the Provincial Government, Municipal and Communal administrations. There are 18 Provincial Governments and below are the links to the respective websites, which are all under construction.
· Governo Provincial de Benguela
· Governo Provincial de Cabinda
· Governo Provincial do Cuando Cubango
· Governo Provincial do Kwanza-Norte
· Governo Provincial do Kwanza-Sul
· Governo Provincial do Cunene
· Governo Provincial do Huambo
· Governo Provincial de Luanda
· Governo Provincial da Lunda-Norte
· Governo Provincial da Lunda-Sul
· Governo Provincial de Malange
· Governo Provincial do Moxico
· Governo Provincial do Namibe
The Assembleia Nacional is a unicameral National Assembly with 223 seats. Members are elected by proportional vote to serve four-year terms. Last elections were held in 1992 and the next are due to be held in September 2008.
The National Assembly is Angola's main legislative body, having the power to approve laws on all matters (except those reserved by the Constitution to the Government) by simple majority (except if otherwise provided in the Constitution). Each legislature comprises four legislative sessions of twelve months starting on 15 October each year.
National Assembly members, Parliamentary Groups or the Government hold the power to put forward all draft-legislation. No entity can however present draft laws that involve an increase in the expenditure or decrease in the State revenue established in the annual budget.
The Constitution determines the areas in which only the Assembly can pass legislation (article 89) and all other areas in which the Assembly can delegate its legislative powers to the Government (articles 90 and 91).
The National Assembly also approves international treaties on matters within its exclusive legislative powers, as well as peace treaties, Angola's participation in international organizations, the rectification of borders, friendship, defence, military matters and any other matters put forward by the Government (article 88 k) of the Constitution).
As stated above, also the Government has legislative powers. These are directly and specifically set in the Constitution (e.g. article 111 no. 1 a) and no. 2) or may result from delegation by the National Assembly (articles 88 c), 90 and 91 of the Constitution).
The President promulgates laws approved by the Assembly and signs Government Decrees, which need to have been previously signed by the Prime Minister (article 66 s) of the Constitution).
The current constitution of Angola devotes an entire section to the court structure (Section I, Chapter IV, article 120 to article 131). The main laws that regulate the Judiciary are Law 18/88, Law 20/88 of 31 December and Decree 27/90 of 3 September 1990, which lay down the framework of the Sistema Unificado de Justica (Unified Justice System).
On 31 January 2005, a Presidential Dispatch created a work group that is currently putting together a new legal framework for the whole of the Judiciary.
The courts are independent sovereign bodies who administer justice on behalf of the people. They guarantee and ensure compliance with the Constitutional Law, laws and other legal provisions in force; protect the rights and legitimate interest of citizens and institutions; and shall decide on the legality of administrative acts (article 120 of the Constitution).
According to article 125 of the Constitution there shall be the following courts in Angola:
· Constitutional Court (articles 134 and 135 of the Constitution)
This court has not yet been created. Therefore, the Supreme Court is the temporary guardian of the Constitution (article 6 of the Preamble to the 1992 Constitutional Law).
· Supreme Court
The Supreme Court is called Tribunal Supremo and thus based in Luanda it has national jurisdiction. It is composed by the President, Vice-President and a minimum of 16 Judges appointed by the President.
The Supreme Court currently works as constitutional court; as 1st level court in a number of matters; as court of appeals for all provincial court decisions and as court of appeals for the municipal court decisions in criminal matters.
· Provincial Courts
There are 19 courts (one per province, except Benguela that has two) each with different divisions called "salas" for civil and administrative, family, labour, maritime, children & minors and criminal matters. Appeals from the decisions of the Provincial Courts go directly to the Supreme Court.
· Municipal Courts
They have limited jurisdiction in civil and criminal matters in the municipal areas. Appeals from decisions of these courts go to the Provincial Courts in civil matters and to the Supreme Court in criminal matters.
According to no. 3 of article 125 of the Constitution military, administrative, auditing, fiscal, maritime and arbitration courts may also be created by law.
There are already the Supremo Tribunal Militar (Supreme Military Court) created by Law 5/94 of 11 February 1994 and the Tribunal de Contas (Auditing Court) created by Law 5/96 of 12 April).
Administrative matters, maritime, labour and minors are currently under the common courts jurisdiction.
I
want to mention that both the Commercial and Criminal Code were from the 19th
century (the Portuguese ones). Just like in Portugal most of the Commercial
Code is no longer in force and has been replaced by a number of un-codified/loose
acts in corporate and commercial matters (some can be found in the Ministry of
Commerce website). There is a new Criminal Code to be approved anytime now so I
suppose publishers are waiting for this new one.
The only place where one can find cases in print is the Supreme Court or the
Bar Association. These are not very important in our legal systems, i.e. in law
school we do not study cases just legislation and secondary sources about
legislation...cases are only mentioned occasionally.