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Constitution

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Angola Constitution
{ Adopted by the People’s Assembly on: 25 Aug 1992 }
{ Official Title: Constitutional Law of the Republic of Angola }
{ ICL Document Status: 25 Aug 1992 }

{ Editor’s Note:
The text is based on a version presented to the public at
https://www.angola.org/referenc/constitution/constit.htm . Formatting and
hypertext markup have been changed to t he ICL standard. Article titles
and cross-references are still under preparation. “Clauses” have been
renamed “paragraphs” and numbers have been added. }
Part I Fundamental Principles

Article 1 [] The Republic of Angola shall be a so vereign and independent nation whose
primary objective shall be to build a fr ee and democratic society of peace, justice
and social progress.

Article 2 [] The Republic of Angola shall be a democ ratic State based on the rule of law,
national unity, the dignity of the individual, pluralism of expression and political
organization, respecting and guaranteeing the basic rights and freedoms of
persons, both as individuals and as me mbers of organized social groups.

Article 3 [] (1) Sovereignty shall be vested in the peopl e, who shall exercise it in the manner
provided for in the present Law.
(2) The Angolan people shall exercise po litical power through periodic universal
suffrage to choose their representatives , by means of referendums and other
forms of democratic partic ipation in national life.
(3) Special laws shall regulate the process of general elections.

Article 4 [] (1) Political parties, within the framework of the present la w and statutory laws,
shall compete, on the basis of a project for society and a political program, to
organize and express the will of citizens, participating in political life and the
exercise of universal suffrage by democratic and peaceful means.
(2) Political parties shall, in their objec tives, program and activity, contribute to:
(a) The consolidation of the Angol an nation, national independence and
strengthened national unity;
(b) The safeguarding of territorial integrity;
(c) The defense of national sovereignty and democracy;
(d) The protection of fundamental freedoms and the rights of the individual;

(e) The defense of the republican form and unitary and secular nature of the
State.
(3) Political parties shall be entitled to equal treatment by those exercising public
power, as well as to equal treatment by the press, in accordance with the law.
(4) The constitution and functioning of parti es shall, in accordance with the law,
comply with the following fundamental principles:
(a) National in character and scope;
(b) Free constitution;
(c) Public pursuance of aims;
(d) Freedom of membership and single membership;
(e) Exclusive use of peaceful means in pursuing their aims, prohibiting the
creation or use of milit ary, paramilitary or militarized organizations;
(f) Democratic organization and functioning;
(g) Prohibition to receive contributions of monetary or economic value from
foreign governments or gov ernmental institutions.

Article 5 [] The Republic of Angola shall be a unitary and indivisible State whose inviolable
and inalienable territory shall be that def ined by the present geographical limits of
Angola, and any attempt at separatism or di smemberment of its territory shall be
vigorously combated.

Article 6 [] The State shall exercise its sovereignty ov er the territory, internal and territorial
waters, air space, soil and sub-soil.

Article 7 [] Economic, social and cultural solidarity between all regions of the Republic of
Angola shall be promoted and intensified, with a view to the common
development of the Angol an nation as a whole.

Article 8 [] (1) The Republic of Angola shall be a secular State, and there shall be
separation between the State and churches.
(2) Religions shall be respected and the St ate shall protect churches and places
and objects of worship, provided they abide by the laws of the State.

Article 9 [] The State shall guide the development of the national economy, with a view to
guaranteeing harmonious and balanced growth of all sectors and regions of the
country, and rational and efficient use of all productive capacity and national
resources, as well as height ening the well-being and quality of life of citizens.

Article 10 [] The economic system shall be based on t he coexistence of diverse forms of
property – public, private, mixed, cooper ative and family – and all shall enjoy

equal protection. The State shall encourage participation in the economic
process of all agents and forms of proper ty, creating conditions for them to
function efficiently in the interests of national economic development and
satisfying the needs of citizens.

Article 11 [] (1) Sectors and activities that remain the preserve of the State shall be
determined by law.
(2) In the use and exploitation of publ ic property, the State shall guarantee
efficiency and profitability, in accordance with the proposed aims and objectives.
(3) The State shall encourage the developm ent of private, mixed, cooperative
and family enterprises, creating conditions for them to operate, and shall give
special support to small and medium-scale economic activity, in accordance with
the law.
(4) The State shall protect foreign invest ment and foreign property, in accordance
with the law.

Article 12 [] (1) All natural resources existing in the soil and subsoil, in internal and territorial
waters, on the continental shelf and in t he exclusive economic area, shall be the
property of the Stat e, which shall determine under what terms they are used,
developed and exploited.
(2) The State shall promote the protecti on and conservation of natural resources
guiding the exploitation and use thereof for the benefit of the community as a
whole.
(3) Land, which is by origin the property of the State, may be transferred to
individuals or corporate bodies, with a view to rational and full use thereof, in
accordance with the law.
(4) The State shall respect and protect people’s property, whether individuals or
corporate bodies, and the property and ow nership of land by peasants, without
prejudice to the possibility of expropriati on in the public interest, in accordance
with the law.

Article 13 [] Any nationalization or confiscation carri ed out under the appropriate law shall be
considered valid and irreversible for all legal purposes, without prejudice to the
provisions of specific legi slation on reprivatization.

Article 14 [] (1) The fiscal system shall aim at meeting the economic, social and
administrative needs of the St ate and ensuring the fair distribution of income and
wealth.
(2) Taxes may he created or abolished only by law, which shall determine
applicability, rates, tax benefits and guarantees for taxpayers.

Article 15 []

The Republic of Angola shall respect and implement the principles of the United
Nations Charter, the Charters of t he Organization of African Unity and the
Movement of Non-Aligned C ountries, and shall establish relations of friendship
and cooperation with all States , based on the principles of mutual respect for
sovereignty and territorial integrity, non-inte rference in the internal affairs of each
country and reciprocal advantages.

Article 16 [] The Republic of Angola shall support and be in solidarity with the struggles of
peoples for national liberation and shall establish relations of friendship and
cooperation with all democratic forces in the world.

Article 17 [] The Republic of Angola shall not join any international military organization or
permit the establishment of foreign m ilitary bases on its national territory.

Part II Fundamental Rights and Duties

Article 18 [] (1) All citizens shall be equal under t he law and shall enjoy the same rights and
be subject to the same duties, without distin ction as to color, race, ethnic group,
sex, place of birth, religi on, ideology, level of education or economic or social
status.
(2) All acts aimed at jeopardizing social harmony or creating discrimination or
privileges based on those factors shall be severely punishable by law.

Article 19 [] (1) Angolan nationality may be by origin or acquired.
(2) The requirements for the attribution, acquisition, loss or re-acquisition of
Angolan nationality sha ll be determined by law.

Article 20 [] The State shall respect and protect t he human person and human dignity. Every
citizen shall be entitled to the free development of his or her personality, with due
respect for the rights of other citizens and the highest interests of the Angolan
nation. The life, freedom, personal int egrity, good name and reputation of every
citizen shall be protected by law.

Article 21 [] (1) The fundamental rights provided for in the present Law shall not exclude
others stemming from the laws and applicable rules of international law.
(2) Constitutional and legal norms re lated to fundamental rights shall be
interpreted and incorporated in keeping with The Universal Declaration of the
Rights of Man, the African Charter on the Rights of Man and Peoples and other

international instruments to which Angola has adhered.
(3) In the assessment of disputes by Angolan cour ts, those international
instruments shall apply even wher e not invoked by the parties.

Article 22 [] (1) The State shall respect and protect the life of the human person.
(2) The death penalty shall be prohibited.

Article 23 [] No citizen may be subjected to torture or any other cruel, inhuman or degrading
treatment or punishment.

Article 24 [] (1) All citizens shall have the right to live in a healthy and unpollu
ted
environment.
(2) The State shall take the requisite measures to protect the environment and
national species of flora and fauna throughout the national territory and maintain
ecological balance.
(3) Acts that damage or directly or indi rectly jeopardize conservation of the
environment shall be punishable by law.

Article 25 [] (1) Any citizen may move freely and reside in any part of the national territory,
and shall not be impeded from so doing for polit ical or any other reasons, except
in cases provided for under Article 50 of the present Law, and where for the
protection of the economic interests of t he nation the law determines restrictions
on citizens having access to or resi ding in reserve or mining areas.
(2) All citizens shall be free to leav e and enter the national territory, without
prejudice to limitations stemming from the fulfillment of legal duties

Article 26 [] Any foreign or expatriate citizen shall be guaranteed the right to ask for asylum in
the event of persecution for political reas ons, in accordance with the laws in force
and international instruments.

Article 27 [] (1) The extradition or expulsion of Angolan ci tizens from the nations territory shall
not be permitted.
(2) The extradition of foreign citizens for political motives or for charges
punishable by the death penalty under the laws of the applicant county shall not
be permitted.
(3) In accordance with the law, Angolan courts shall know the charges made
against citizens whose extradition is not permitted under the foregoing
paragraphs of the pr esent Article.

Article 28 []

(1) It shall be the right and duty of all citizens aged over 18, other than those
legally deprived of political and civil rights, to take an active part in public life, to
vote and stand for election to any State body, and to fulfill their offices with full
dedication to the cause of the Angolan nation.
(2) No citizen shall suffer discriminati on in respect of employment, education,
placement, professional career or social benefits to which he or she is entitled
owing to political posts held or to the exercise of political rights.
(3) The law shall establish limitations in respect of the non-party affiliations of
soldiers on active service, judges and the police forces, as well as the electoral
incapacity of soldiers on active service and police forces.

Article 29 [] (1) The family, the basic nucleus of soci al organization, shall be protected by the
State, whether based on marriage or de facto union.
(2) Men and women shall be equal within the family, enjoying the same rights
and having the same duties.
(3) The family, with special collaboration by the State, sha ll promote and ensure
the all-round education of children and young people.

Article 30 [] (1) Children shall be given absolute priori ty and shall therefore enjoy special
protection from the family , the State and society with a view to their all-round
development.
(2) The State shall promote the harmoni ous development of the personality of
children and young people and create conditions for their integration and active
participation in the life of society.

Article 31 [] The State, with the collabor ation of the family and society, shall promote the
harmonious development of the per sonality of young people and create
conditions for fulfillment of the economic, so cial and cultural rights of the youth,
particularly in respect of education, vocati onal training, culture, access to a first
job, labor, social security, physical educ ation, sport and use of leisure time.

Article 32 [] (1) Freedom of expression, assembly, demonstration and all other forms of
expression sha ll be guaranteed.
(2) The exercise of the rights set out in the foregoing paragraph shall be
regulated by law.
(3) Groupings whose aims or activities ar e contrary to the fundamental principles
set out in Article 158 of the Constituti onal Law and penal laws, and those that,
even indirectly, pursue political objectiv es through organizations of a military,
paramilitary or militarized character, se cret organizations and those with racist,
fascist or tribalist ideologies shall be prohibited.

Article 33 []

(1) The right to professional and trade union organization shall be free, and the
forms in which it is exercised shall be guaranteed by law.
(2) All citizens shall have the right to organize and take part in trade union
activity, which shall include the right to constitute and freely join trade unions.
(3) Adequate protection for the elected representatives of workers against any
form of restriction, constraint or limita tion on the performance of their duties shall
be established by law.

Article 34 [] (1) Workers shall have the right to strike.
(2) A specific law shall regul ate the exercise of the right to strike and limitations
thereto in essential services and activities, in the pressing public int
erest.
(3) Lockouts shall be prohibited.

Article 35 [] Freedom of the press s hall be guaranteed and may not be subject to any
censorship, especially political, ideologic al or artistic. The manner of the
exercise of freedom of t he press and adequate provisions to prevent and punish
any abuse thereof shall be regulated by law.

Article 36 [] (1) No citizen may be arrested or put on tr ial except in accordance with the law,
and all accused shall be guaranteed the right to defense and the right to legal aid
and counsel.
(2) The State shall make provision to ensure that justice shall not be denied
owing to insufficient economic means.
(3) No one shall be sentenced for an act not considered a crime at the time when
it was committed.
(4) The penal law shall apply retroactively only when beneficial to the accused.
(5) The accused shall be presumed to be i nnocent until a judicial decision is
taken by the court.

Article 37 [] Preventive detention shall be permitted only in cases provided for by the law,
which shall establish the limits and periods thereof.

Article 38 [] Any citizen subject to preventive detent ion shall be taken before a competent
judge to legalize the detention and be tried within the period provided for by law
or released.

Article 39 [] No citizen shall be arrested without being informed of the charge at the time of
arrest.

Article 40 []

Any arrested citizen shall have the right to receive visits from family members
and friends, and to correspond therewith, without prejudice to the conditions and
restrictions provided for by law.

Article 41 [] Any citizen sentenced shall have the right to appeal to the competent court or to
the Supreme Court against the judicial dec ision taken in accordance with the law.

Article 42 [] (1) To prevent any abuse of power thr ough imprisonment or illegal detention, a
writ of habeas corpus may be presented to the competent legal court by the
person concerned or any other citizen.
(2) The right to habeas corpus shall be regulated by law.

Article 43 [] Citizens shall have the right to contest and take legal action against any acts that
violate their rights as set out in the present Constitutional Law and other
legislation.

Article 44 [] The State shall guarantee the inviol ability of the home and the secrecy of
correspondence, with limitations es pecially provided for by law.

Article 45 [] Freedom of conscience and belief shall be inviolable. The Angolan State shall
recognize freedom of worship and guarant ee its exercise, provided it does not
conflict with public order and the national interest.

Article 46 [] (1) Work shall be the right and duty of all citizens.
(2) Every worker shall have the right to fa ir pay, rest, holidays, protection, health
and security at work, in accordance with the law.
(3) Citizens shall have the right freely to choose and exercise an occupation,
apart from requirements established by law.

Article 47 [] (1) The State shall promote the measures needed to ensure the right of citizens
to medical and health care, as well as ch ild, maternity, disability and old-age
care, and care in any situation causing incapacity to work.
(2) Private and cooperative enter prise in health, social welfare and social security
shall be exercised in a ccordance with the law.

Article 48 [] Disabled combatants of the national liberation struggle, the minor children of
citizens who died in the war and those physically or mentally handicapped as a
result of war shall have special pr otection, to be established by law.

Article 49 [] (1) The State shall promote access to education, culture and sports for all
citizens, guaranteeing participation by va rious private agents in the provision
thereof, in accordance with the law.
(2) Private and cooperative enterprise in education shall be practiced in
accordance with the law.

Article 50 [] The State shall create the requisite politic al, economic and cultural conditions to
enable citizens effectively to enjoy thei r rights and fully perform their duties.

Article 51 [] The State shall protect Angolan citiz ens abroad or resident abroad, who shall
enjoy the rights and be subject to duties that are not incompatible with their
absence from the country, wit hout prejudice to the effects of unjustified absence
provided for by law.

Article 52 [] (1) The exercise of the rights, fr eedoms and guarantees of citizens may be
restricted or suspended only in accordance with the law if such Constitute a
threat to public order, community inte rests, individual rights, freedoms and
guarantees, or in the event of the declaration, a state of siege or emergency, and
such restrictions shall always be limit ed to necessary and adequate measures to
maintain public order, in the interest of the community and the restoration of
constitutional normality.
(2) On no account shall the declaration of a state of siege or state of emergency
affect the right to life, personal integrity, personal identity, civil capacity,
citizenship, the non-retroactive nature of penal law, the right of the accused to
defense or freedom of conscience and religion.
(3) A state of siege and state of emergency shall be regulated by a specific law.

Part III State Bodies

Chapter I Principles

Article 53 [] (1) The President of the Republic, the National Assembly, the Government and
the Courts shall be sovereign bodies.
(2) The formation, composition, powers an d functioning of the sovereign bodies
shall be set out in the present Law.

Article 54 [] State bodies shall be organized and f unction in keeping with the following
principles:
(a) Members of representat ive bodies shall be elected in accordance with the
appropriate Electoral Law;
(b) State bodies shall be subject to the law, which they shall obey;
(c) The functions of sovereign bodies shall be separate and interdepen
dent;
(d) There shall be local autonomy;
(e) There shall be administrative decentralization and devolution, without
prejudice to governmental and admi nistrative unity of action;
(f) Holders of political posts shall be civi lly and criminally answerable for actions
and omissions committed in the discharge of their duties;
(g) Decisions of collegial bodies shall be taken in keeping with the principles of
free discussion and criticism and accept ance of the will of the majority.

Article 55 [] The territory of the Republic of Angola shall, for political and administrative
purposes, be divided into Province s, Municipalities, Communes and
Neighborhoods or Villages.

Chapter II Office of the President of the Republic

Section I President of the Republic

Article 56 [] (1) The President of the Republic shall be the Head of State, symbolize national
unity, represent the nation domestically and internationally, ensure compliance
with the Constitutional Law, and shall be Commander-in-Chief of the Angolan
Armed Forces.
(2) The President of the Republic shall define the country’s political policy, ensure
the proper functioning of State bodies and guarantee national independen
ce and
the country’s territorial integrity.

Article 57 [] (1) The President of the Republic sha ll be elected by universal, direct, equal,
secret and periodic suffrage by citizens resident in the national territory, in
accordance with the law.
(2) The President of the Republic shall be elected by an absolute majority of valid
votes. If no candidate obtains one, ther e shall be a second vote in which only the
two candidates who obtained the greatest nu mber of votes in the first and who
have not withdrawn may compete.

Article 58 [] Natural born Angolan citizens of over 35 years of age and enjoying full civil and
political rights shall be eligible to the post of President of the Republic.

Article 59 [] The President of the Republic shall serve a five-year term of office which shall
end on the swearing in of the new elec ted President. The President of the
Republic may be re-elected for two consecut ive or discontinuous terms of office.

Article 60 [] (1) Candidacies to the post of President of the Republic shall be presented by
legally constituted political parties or coalit ions of political parties or by at least
five thousand and no more than ten thousand voters.
(2) Candidacies shall be presented to t he President of the Supreme Court no
less than sixty days prior to the scheduled election date.
(3) In the event of the definitive incapacity of any pr esidential candidate, a new
candidate may be nominated to substitu te the incapacitated candidate, in
accordance with the law.

Article 61 [] (1) The election of the President of the Republic shall take place within thirty
days of the expire of the term of office of the incumbent President.
(2) In the event of the post of Presi dent of the Republic falling vacant, the
election of the new President of the Repub lic shall take place within ninety days
of the date of the vacancy.

Article 62 [] (1) The President of the Republic shall be sworn in before the Supreme Court, on
the last day of day term of o ffice of the outgoing President.
(2) In the event of an election owing to a vacancy, the swearing in shall take
place within fifteen days of the pub lication of the election results.
(3) At the swearing in ceremony the elec ted President of the Republic shall take
the following oath:
“I swear on my honor to perform with fu ll dedication the duties with which I have
been invested, to fulfill and ensure fulfillment of the Constitution of the Republic
of Angola, to defend the unity of the nation, the integrity of the national soil, to
promote and consolidate peace, democracy and social progress.”

Article 63 [] (1) The President of the Republic may r enounce the term of office in a message
addressed to the National Assembly and on informing the Supreme Court.
(2) Renunciation shall take effect when the National Assembly is acquainted with
the message, without prejudice to its subsequent publication in the Díario da
Repûblica.

Article 64 []

(1) In the event of a temporary disability or vacancy, the post of President of the
Republic shall be filled in the interim by the President of the National Assembly
or, if unable to do so, by the deputy thereof.
(2) The President of the National Assembly’s office as a member of parliament,
and that of the deputy thereof, shall be automatically suspended for the duration
of the interim powers of President of the Republic.

Article 65 [] (1) The President of the Republic shall not be responsible for acts carried out
during the discharge of his dut ies, except in the case of bribery or treason.
(2) Proceedings shall be initiated by t he National Assembly, on the proposal of
one-fifth and a decision approved by a two- thirds majority of Members present,
and the trial shall be conduct ed by the Supreme Court.
(3) Sentencing shall imply dismissal fr om the post and impossibility of standing
as a candidate for anot her term of office.
(4) The President of the Republic shall be answerable to the ordinary courts after
the end of his term of office for offenses unrelated to the discharge of his duties.

Article 66 [] The President of t he Republic shall have the following powers:
(a) To appoint the Prime Minister, after hearing the political parties represented in
the National Assembly;
(b) To appoint and dismiss the other me mbers 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 Pr ime Minister and dismiss the Government,
after consultation with the Council of the Republic;
(d) To preside over the Council of Ministers;
(e) To decree the dissolution of the Nati onal Assembly after consultation with the
Prime Minister, the Presi dent of the National Assembly and the Council of the
Republic;
(f) To preside over the Council of the Republic;
(g) To appoint and dismiss ambassadors and receive the credentials of foreign
diplomatic representatives;
(h) To appoint Supreme Court judges a fter 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 A ttorney General. on the proposal of the High Council
of the Ministry of Justice Bench;
(j) To appoint members of t he High Council of the Judicial Bench, in accordance
with Article 132 of the Constitutional Law;
(k) To call elections of the President of the Republic and Members of the National
Assembly, in accordance with the present Law and the Electoral Law;
(1) To preside over the National Defense Council;
(m) To appoint and dismiss the Chief of General Staff of the Angolan Armed
Forces and the deputies thereof, where applic able, and the Chiefs of Staff of the
different branches of the Armed Forces;

(n) To appoint generals of the Angolan Armed Forces, after hearing the National
Defense Council;
(o) To call referendums, in accordance with Article 73 of the present Law;
(p) To declare war and make peace, after hearing the Government and fo
llowing
authorization by the National Assembly;
(q) To issue pardons and commute sentences;
(r) To declare a state of siege or state of emergency, in accordance with the law;
(s) To sign and promulgate laws appr oved by the National Assembly and
executive laws approved by the Government;
(t) To address messages to the National Assembly and convene it in special
session;
(u) To make statement on serious emergencie s in national life and, in this event,
to the measures provided for in the following article of the present Law;
(v) To award decorations, in accordance with the law;
(w) To ratify international treaties, when duly approved, and sign the instruments
of approval of other treat ies in simplified form;
(x) To request of the Constitutional Cour t prior assessment or declaration of the
unconstitutional nature of judicial rules and verify whether they are
unconstitutional by omission.

Article 67 [] (1) The President of the Republic, after consultation with the Prime Minister and
the President of the National Assemb ly, shall take appropriate measures
whenever the institutions of the Republic, the independenc e of the nation,
territorial integrity or the fulfillment of international commitments are seriously and
immediately threatened and the regular activi ty of constitutional public office
interrupted.
(2) The President of the Republic shall inform the nation of all these factors
through a message.
(3) For the duration of the special powers, the Constitution shall not be amended
and the National Assembly shall not be dissolved.

Article 68 [] (1) In presiding over the Council of Minister s, the President of the Republic shall:
(a) Convene the Council of Ministers and set its agenda, after hearing
the Prime
Minister;
(b) Direct and guide meetings and sessi ons of the Council of Ministers.
(2) The President of the Republic may ex pressly delegate the Prime Minister to
preside over the Council of Ministers.

Article 69 [] (1) The President of the Republic shall promulgate laws thirty days after receiving
them in the National Assembly.
(2) Within this period, the President of the Republic may request the National
Assembly to consider the law or any of its provisions.
(3) If after reconsideration a two-thirds majority of the Members of the National

Assembly are in favor of approving the law, the President of Republic shall
promulgate the law within fifteen days of receiving it.

Article 70 [] After they have been signed by the Prime Mi nister, the President of the Republic
shall sign Government decrees thirty da ys after receiving them and shall inform
the Government of the reasons for refusing to sign them.

Article 71 [] The laws referred to in Article 66 (s) not promulgated by the President of the
Republic, and Government decrees not si gned by the President of the Republic,
shall be null and void.

Article 72 [] The interim President of the Republic sha ll not dissolve the National Assembly or
call referendums.

Article 73 [] (1) The President of the Republic may, on the proposal of the Government or the
National Assembly, submit to a referendum draft laws or the ratification of
international treaties which, without being contrary to the Constitution, affect the
organization of public department and t he functioning of institutions.
(2) The holding of constitutional referendums shall be prohibited.
(3) The President of the Republic s hall promulgate draft laws and ratify
international treaties approved by referendum within fifteen days.

Article 74 [] In the exercise of his powers, the President of the Republic shall issue
presidential decrees and dispatches that shall be published in the Díario da
Repûblica .

Section II Council of the Republic

Article 75 [] (1) The Council of the Republic shall be t he political consultative body of the
President of the Republic, and shall:
(a) State its views on the dissolution of the National Assembly;
(b) State its views on the re signation of the Government;
(c) State its views on the declara tion of war and making of peace;
(d) State its views on acts of the interim President of the Republic in respect of
the appointment of the Prim e Minister, the resignation of the Government, the
appointment and dismissal of the Attorney General, the Chief of General Staff of
the Angolan Armed Forces and the deputies thereof, and the Chiefs of Staff of
the different branches of the Armed Forces;

(e) Advise the President of the Republic in the exercise of his powers when so
requested by the Presi dent of the Republic;
(f) Approve the regulations of Council of the Republic.
(2) In exercising its powers, the Council of the Republic shall issue reports that
shall be made public at the appropriate ceremony.

Article 76 [] The Council of the Republic shall be pres ided over by the President of the
Republic and shall be composed of the following members:
(a) The President of the National Assembly;
(b) The Prime Minister;
(c) The President of the Constitutional Court;
(d) The Attorney General;
(e) Former President of the Republic;
(f) The Presidents of Polit ical Parties represented in the National Assembly;
(g) Ten citizens appointed by the President of the Republic.

Article 77 [] (1) The members of the C ouncil of the Republic shall be sworn in by the
President of the Republic.
(2) The members of the C ouncil of the Republic shall enjoy the privileges and
immunities of Members of the National Assembly.

Chapter III The National Assembly

Article 78 [] (1) The National Assembly shall be the r epresentative assembly of all Angolans
and express the sovereign will of the Angolan people.
(2) The National Assembly shall be regulat ed by the provisions of the present
Law and by Regulations approved by itself.

Article 79 [] (1) The National Assembly shall be co mposed of two hundred and twenty-three
Members elected by universal, equal, direct, secret and periodic suffrage for a
four-year term of office.
(2) Members of the National Assembly shall be elected through the system of
proportional represent ation, based on the following criteria:
(a) Each province shall by right be repr esented in the National Assembly by five
Members, and each province shall for this purpose Constitute an electoral
college;
(b) The remaining one hundred and thirty Members shall be elected at national
level, and the country shall for this purpose be considered a single electoral
college;
(c) For Angolan communities abroad, there shall be constituted a single electoral

college of three Members, two in the Africa region and one in the rest of the
world.

Article 80 [] Candidates shall be presented by political pa rties individually or in coalition, and
the list may include citizens who are not members of the parties concerned, in
accordance with the Electoral Law.

Article 81 [] The term of office of a Mem ber shall start at the first session of the National
Assembly after the elections and end with the first session after subsequent
elections, without prejudice to suspension or individual ending of term of office.

Article 82 [] (1) The term of office a Mem ber shall be incompatible with:
(a) A ministerial post;
(b) Paid employment by foreign com panies or international organizations;
(c) Being president and member of the administrative board of a limited
company, a shareholding manager of a company, director general or deputy

director general of a public enterprise;
(2) The following may not be Members:
(a) Judicial or Ministry of Justice judges;
(b) Members of militar y or militarized forces on active service.
(3) Citizens who have acquired Angolan nationality may be candidates seven
years after the acquisi tion of nationality.

Article 83 [] Members of the National Assembly shall have the right, in accordance with the
Constitutional Law and the Regulations of the National Assembly, to question the
Government or any of the members ther eof, and to obtain from all public bodies
and enterprises the cooperation n eeded to discharge their duties.

Article 84 [] (1) No Member of the National Assemb ly shall be detained or arrested without
authorization by the National Assembly or the Standing Commission thereof,
unless caught in flagrante delicto committing a felony punishable by
imprisonment.
(2) Members shall not be held responsib le for views they express in the
discharge of their duties.

Article 85 [] A Member may lose his or her seat for any of the following reasons:
(a) The incapacitates or incompat ibilities provided for by law;
(b) Not taking his or her seat in the Na tional Assembly or exceeding the number
of absences stipulated in the Regulations;
(c) Joining a party other than the one fr om whose list or she was elected.

Article 86 [] A Member may renounce his or her s eat through a written statement with
notarized signature personally handed to the President of the National Assembly.

Article 87 [] (1) The temporary substitution of a Mem ber shall be accepted under the following
circumstances:
(a) For holding a public post incompatible with the office of a Member under the
present Law;
(b) Owing to an illness of more than forty-five days duration.
(2) In the event of the te mporary situation of a Me mber, the vacancy shall be
filled in accordance with order of prec edence by the following candidate on the
list to which the office holder of t he vacancy belonged and who is not unable to
assume the seat.
(3) In the event of a vacancy caused by a Member elected by a coalition, the seat
shall be given to the next unelected candi date proposed by the political party to
which the substituted Member belonged.
(4) If the list to which the holder of the vacant seat belonged has no unelected
candidates, the seat shall not be filled.

Article 88 [] The National Assembly shall:
(a) Amend the current Constitutional Law and approve the Constitution of the
Republic of Angola;
(b) Approve laws on all matters, except those reserved by the Constitutional Law
for the Government;
(c) Confer legislative author izations on the Government;
(d) Approve, on the proposal of the Government, the National Plan and the
General State Budget;
(e) Approve, on the proposal of the Govern ment, the reports on the execution of
the National Plan and t he General State Budget;
(f) Authorize the Government to contra ct and grant loans and perform other credit
operations not involving a floating debt, se tting out the general terms thereof and
establishing the maximum limits of su retyships to be granted annually by the
Government;
(g) Establish and alter the political and administrative division of the country;
(h) Grant amnesties and general pardons;
(i) Authorize the President of the Republic to declare a state of siege or state of
emergency, setting our the extension, su spension of constitutional guarantees
and monitor the implementation thereof;
(j) Authorize the President of the Republic to declare war and make peace;
(k) Approve international treaties on ma tters within its absolute legislative
powers, as well as treaties on peace, Angola’s participation in international
organizations, the rectification of border s, friendship, defense, military matters
and any others submitted to it by the Government;

(l) Ratify decrees;
(m) Promote proceedings against the President of the Republic for the crimes of
bribery or treason;
(n) Vote motions of confidence or no confidence in the Government;
(o) Draft and approve the Regulations of the National Assembly;
(p) Elect the President and Vice-President s of the National Assembly and other
members of the Standing Commission by an absolute majority of Members
present;
(q) Constitute the Working Commissions of the National Assembly in accordance
with the representativity of parties in the Assembly;
(r) Perform other duties assigned to it by the Constitution and the law.

Article 89 [] The National Assembly shall have full and sole legislative powers on the
following matters:
(a) Acquisition, loss and re-acquisition of nationality;
(b) Rights, freedoms and basic guarantees of citizens;
(c) Elections and the status of office holders in sovereign bodies, local
government and other c onstitutional bodies;
(d) Ways and means of organizing and running local government bodies;
(e) System of referendum;
(f) Organization, functioning and proc eedings of the Constitutional Court;
(g) Organization of national defense and general basis of organization,
functioning and discipline of the Angolan Armed Forces;
(h) System of state of siege and state of emergency;
(I) Associations and political parties;
(j) Judicial organization and status of judicial and Ministry of Justice judges;
(k) Monetary system and system of weights and measures;
(1) Definition of limits of territorial waters, exclusive economic area and Angola’s
rights to contiguous sea beds;
(m) Definition of sectors reserved for the State in respect of the economy, and
the basis for granting concessions for t he exploitation of natural resources and
alienation d State property;
(n) Definition and system of national symbols;

Article 90 [] The National Assembly shall have relative sole legislative powers on the
following matters except where authorization is granted to the Government:
(a) Status and capacity of individuals;
(b) General organization of t he public administration;
(c) Status of functionaries and civil res ponsibility in the public administration;
(d) General system of requisition and ex propriation in the public interest;
(e) Ways and means of intervention and nationalization of means of production
and establishment of criteria for setting compensation, as well as re-privatization
of title or exploration rights of Stat e property, in accordance with the basic
legislation referred to in (m) of the foregoing article;

(f) Definition of the taxation system and creation of taxes;
(g) General basis of the education system , national health service and social
security;
(h) Basis of the system of protecting natur e, ecological balance and the cultural
heritage;
(i) General system of rural and urban leasing;
(j) System of land ownershi p and establishment of criteria for fixing the maximum
limits of private agricultural units;
(k) Participation of trad itional authorities and citi zens in local government;
(1) Status of public enterprises;
(m) Definition of the system of public property;
(n) Definition of crimes, penalties and security measures, and of criminal
proceedings.

Article 91 [] (1) The National Assembly shall, in respec t of laws of legislative authorization,
define the scope, sense, extension and duration of the authorization.
(2) The authorization referred to in the foregoing paragraph shall be forfeited on
the signal of the Government that granted it, the end of the legislature or the
dissolution of the National Assembly.

Article 92 [] (1) The National Assembly shall, in the ex ercise of its powers, issue laws for the
constitutional amendment of the Constituti on of the Republic of Angola, organic
laws, laws, motions and resolutions.
(2) Acts provided for in Article 88 (a) sha ll take the form of a law on constitutional
amendment or amendment of the Constitution of the Republic of Angola.
(3) Acts provided for in Article 89 (c), (d), (e), (f), 4. (g), (h) and (i) shall take the
form of organic laws.
(4) Other acts provided for in Articles 89 and 90 and those provided for in Article
88 (d), (f) (g) and (h) shall take the form of laws.
(5) Acts provided for in Article 88 (n) shall take the form of motions.
(69 Other acts of the National Assembly, namely those provided for in Article 88
(c), (e), (i), (j), (k) (1 ), (m), (o) (p) and (q) and acts of the Standing Commission,
shall take the form of resolutions.

Article 93 [] (1) Members, parliamentary groups and the Government shall have the right to
propose legislation.
(2) Members and parliamentary groups shall not in the course of the economic
year present draft laws that involve an in crease in the expenditure or decrease in
the State revenue est ablished in the Budget.
(3) Draft laws that are definitively re jected shall not be assessed in the same
legislative session unless there is a new election of the National Assembly.
(4) Draft laws presented by the Governm ent shall be forfeited on its resignation.

Article 94 [] (1) The National Assembly shall consi der executive laws approved by the
Council of Ministers for purposes of amendment or refusal to ratify, except those
falling within the Government’s sole com petence, at the request of ten Members
at the ten first plenary meetings of the National Assembly following its
publication.
(2) Following the consideration reques t and in the event that amendment
proposals are made, the Assembly may w holly or partly suspend the executive
law until the publication of the law t hat amends or even rejects all those
proposals.
(3) When ratification is refused, the execut ive law shall cease to be in force on
the day when the resolution is published in the Díario da Repûblica and shall not
be re-published in the course of that legislative session.
(4) Executive laws that are not subjec t to a request for consideration by the
National Assembly within the period and in accordance with the proceedings set
out in this article shall be deemed to have been ratified.

Article 95 [] (1) The National Assembly may not be dissolved within the six months
subsequent to its election, in the last quarte r of the term of office of the President
of the Republic, during the term of office of the interim President of the Republic
or during a state of siege or state of emergency.
(2) Failure to observe provisions of the foregoing paragraph shall render the
dissolution decree legally null and void.
(3) When the National Assembly is dissolved , the term of office of Members and
the functions of the Standing Commission s hall continue until the first meeting of
the Assembly following subsequent elections.

Article 96 [] (1) The legislature shall comprise four legislative sessions.
(2) Each legislative session shall last one year and shall start on 15 October.
(3) The normal period in which the National Assembly shall function shall be
eight months and shall start on 15 Oc tober, without prejudice to intervals
provided for in the Regulations of the National Assembly and suspensions
determined by a two-thirds ma jority of Members present.
(4) The National Assembly shall meet in ordinary session when convened by its
President.
(5) The National Assembly may meet in special session whenever necessary on
the decision of a plenary meeting or on the initiative of the Standing Commission
or of more than half of its Members.
(6) The National Assembly may meet in special session outside its normal
session on the decision of a plenary meeting, on the initiative of the Standing
Commission or more than half of it s Members or when convened by the
President of the Republic

Article 97 []

(1) The National Assembly shall function with a simple majority of Members
present.
(2) Decisions of the National Assembly s hall be taken by a simple majority of
Members present, except where the present law sets out other rules of decision.

Article 98 [] (1) The agenda of plenary meetings of the National Assembly shall be drafted by
its President, without prejudice to the ri ght of appeal of the Assembly plenary
meeting.
(2) The Internal Regulations of the National Assembly shall set out the priority of
items to be put on the day’s agenda.
(3) Messages from the President of the Republic to the National Assembly shall
have absolute priority ov er all other matters.
(4) The Government may request priority for matters the urgent solution of which
is in the national interest.

Article 99 [] (1) Ministers and Secretaries of State sha ll be entitled to attend plenary meetings
of the National Assembly, and may be assisted or substituted by Deputy
Ministers and take the floor in accordanc e with the Regulations of the National
Assembly.
(2) The Prime Minister and members of the Government shall appear before the
Assembly plenum at meetings the regular ity of which shall be set out in the
Regulations of the Nati onal Assembly to reply to Members’ questions and
requests for clarification, m ade verbally or in writing.
(3) The Prime Minister and members of the Government shall attend a plenary
meeting of the National Assembly w henever there is a debate on motions of
censure or no confidence in the Gove rnment and approval of the National Plan
and General State Budget and the repor ts on the execution thereof.
(4) The working commissions of the National Assembly may request the
participation of member s of the Government in their proceedings.

Article 100 [] (1) The National Assembly shall consti tute working commissions, in accordance
with the Regulations, and may set up ad hoc commissions.
(2) The composition of the commissions sha ll reflect the representation of parties
in the National Assembly and their presidency shall be shared by the
parliamentary groups in proportion to the number of their Members.
(3) The commissions shall examine petiti ons addressed to the National Assembly
and may request the testimony of any citizen.

Article 101 [] (1) Members of the National Assemb ly may constitute parliamentary
commissions of inquiry to examine acts of the Government and administration.
(2) A commission of inquiry shall be requested by any Member and, on a

mandatory basis, comprise one-fifth of Me mbers present, and shall be limited to

one per Member per legislative session.
(3) Parliamentary commissions of inquiry shall have the investigating powers of
judicial bodies.

Article 102 [] (1) The National Assembly shall, outsi de the period when it is effectively
functioning, during the provided when it is dissolved and in other cases provided
for in the Constitutional Law, be substituted by a Standing Commission.
(2) The Standing Commission shall be composed as follows:
(a) The President of the National Assemb ly, who shall preside over it, appointed
by the party or coalition of parties t hat obtains a majority in the elections;
(b) Two vice-presidents appointed by political parties or coalitions of parties in
proportion to the number of seats they have in the National Assembly;
(c) Twelve Members appointed by parties and coalitions of parties in proportion
to the number of seats they have in the National Assembly.
(3) The Standing Commission shall:
(a) Accompany the work of the Government and administration;
(b) Convene the National Assembly in special session;
(c) Discharge the Assembly’s duties in respect of the office of Member
s;
(d) Authorize the President of the Republic to declare a state of siege or state of
emergency;
(e) Exceptionally authorize the President of the Republic to declare war and
make peace, when the National Assembly is not in normal session and in t
he
event of the pressing urgency to convene a special meeting;
(f) Prepare the opening of the legislative session.

Article 103 [] (1) Members elected by each party or coalition of parties may form parliamentary
groups.
(2) Without prejudice to the right of Me mbers provided for in the present Law,
parliamentary groups shall be entitled to do the following:
(a) Participate in the Assembly’s work ing commissions in accordance with their
respective members, nominating their representatives thereto;
(b) State their views on t he establishment of the agenda;
(c) Propose through a formal demand to the Government for explanations, the
opening of two debates in each legislativ e session on matters of general or
sectorial policy;
(d) Request the Standing Commission to move the convening of the Assem
bly;
(e) Propose legislation;
(f) Table motions of censure of the Government;
(g) Be informed by the Government. regularly and directly, of progress in respect
of the principal matters of public interest;
(h) Request the constitution of parliamentary commissions of inquiry.
(3) The right provided for in (b), (f). (g) and (h) shall be exercised through the
President of the parliamentary group.
(4) Each parliamentary group shall have the ri ght to office space in the seat of

the National Assembly, as well as expert and administrative staff of its choice, in
accordance with the law.

Article 104 [] The National Assembly and the commissi ons thereof shall be assisted by a
permanent body of technicians, administrat ive staff and specialists requisitioned
or temporarily contracted, in accordance with the law.

Chapter IV The Government

Article 105 [] (1) The Government shall conduct the country’s general policy and shall be the
highest public administrative body.
(2) The Government shall be politically responsible to the President of the
Republic and the National Assembly, in accordance with the present Law.

Article 106 [] (1) The composition of the Government shall be established by an executive law.
(2) The numbers and designations of Minist ers, Secretaries of State and Deputy
Ministers shall be determined by the decrees nominating the respective office
holders.
(3) The powers of Ministries and State Secretariats shall be determined by an
executive law.

Article 107 [] 1, The office of Prime Minister, Minister , Secretary of State and Deputy Minister
shall be incompatible with the office of Member of the National Assembly.
(2) The incompatibilities set out in Articl e 82 (b) and (c) shall apply to the offices
set out in the foregoing paragraph.

Article 108 [] (1) The Council of Ministers shall be pres ided over by the President of the
Republic and shall comprise the Prime Minister, Ministers and Secretaries of
State.
(2) The Council of Ministers shall meet at intervals established by law.
(3) Deputy Ministers may be summoned to attend meetings of the Council of
Ministers.
(4) The Council of Ministers may consti tute specialized commissions to prepare
papers on specific makers to be consi dered by the Council of Ministers.

Article 109 [] The duties of the Prime Minister shall start with the swear ing in thereof and
cease with the swearing in of the new Prime Minister. The duties of other
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 Prim e Minister of the outgoing Government
shall be dismissed on the date of the appointment and swearing in of the new
Prime Minister.

Article 110 [] In the discharge of the political duties, the Government shall:
(a) Attest to acts of the President of the Republic, in accordance with the
provisions of Article 70;
(b) Set out the general lines of Gove rnment policy and the implementation
thereof;
(c) Negotiate and conclude international tr eaties and approve treaties that do not
fall within the sole competence of t he National Assembly or have not been
submitted thereto;
(d) Present draft laws on the National Assembly;
(e) Deliberate on motions of confidence presented to parliament;
(f) State its views on the dec laration of a state of siege or state of emergency;
(g) Propose to the President of the Repub lic the declaration of war or the making
of peace;
(h) Perform other duties assigned to it by the Constitution or the law.

Article 111 [] (1) In the discharge of its legislat ive duties, the Government shall:
(a) Establish by an executive law the co mposition, organization and functioning
of the Government;
(b) Draft and pass executive laws on legi slative matters related to the National
Assembly, in accordance with the appr opriate legislative authorization;
(2) The Government shall have full legislat ive power on matters related to its own
composition, organization and functioning.
(3) The execution laws provided for in (b) shall specifically cite the legal
document conferring legisl ative authorization.

Article 112 [] In the discharge of its administrati on duties, the Government shall:
(a) Draft and promote implementation of the country’s economic and social
development plan;
(b) Draft, approve and direct t he execution of the State Budget;
(c) Approve acts of the Government involving increased or decreased public
revenue or expenditure;
(d) Draft regulations needed for the proper application of laws;
(e) Direct the services and activity of the State administration, superintend
indirect administration and oversee autonomous local administration and other
autonomous institutions:
(f) Carry out action and take all necessa ry measures to promote economic and
social development and satisfy collective needs.

Article 113 [] The Government, meeting in the Council of Ministers, shall discharge its duties
through executive laws, decrees and resolu tions on general and sectorial policies
and measures within the framewor k of Government activity.

Article 114 [] (1) The Prime Minister shall in general direct, conduct and coordinate the general
activity of the Government.
(2) The Prime Minister shall, in particular:
(a) Coordinate and guide the activity of all Ministries and State Secretariats;
(b) Represent the Government in the National Assembly and domestically and
abroad;
(c) Direct the functioning of the Govern ment and its general relations with other
State bodies:
(d) Substitute the President of the Republic in presiding ov er the Council of
Ministers, in accordance with Article 68 (2);
(e) Sign executive laws of the C ouncil of Ministers and send them for
promulgation by the Pres ident of the Republic;
(f) Sign executive laws of the Council of Ministers and send them for subsequent
signature by the Presi dent of the Republic;
(g) Sign resolutions of the Council of Ministers;
(h) Discharge other duties assigned to him by the Constitution and the law.
(3) In the discharge of thei r duties, the Prime Minister , Ministers and Secretaries
of State shall issue executive decrees and dispatches that shall be published in
the Díario da Repûblica.

Article 115 [] (1) The Government shall draft its program which shall include the major political,
economic and social guidelines and meas ures to be taken or proposed in the
various spheres of Government activity.
(2) Members of the Government shall be bound by t he Government program and
other decisions taken in the Council of Ministries.

Article 116 [] (1) The Government shall start its dut ies immediately after being sworn in.
(2) The Government may be subject to votes of censure by the National
Assembly on the implementation of its program or other fundamental issues of
Government policy, on the proposal of a parliamentary group or one quarter of
Members present.
(3) A vote of censure of the Government shall be passed by an absolute majority
of members present.
(4) If the vote of censure is not pass ed, its signatories shall not table another
during the same legislative session.
(5) The Government may ask the National Assembly for a vote of confidence that
shall be passed by a majority of Members present.

Article 117 [] (1) The Prime Minister shall be responsible to the President of the Republic,
whom he shall regularly and directly info rm of matters related to the conduct of
the country’s policy.
(2) The Prime Minister shall represent t he Government in the National Assembly
and shall ensure the Government’s polit ical responsibility to the National
Assembly.

Article 118 [] The following shall cause the re signation of the Government:
(a) The end of the legislature;
(b) The election of a new President of the Republic;
(c) The resignation of the Prime Minister;
(d) The acceptance by the President of the Republic of the Prime Minister’s
resignation;
(e) The death or lasting disab ility of the Prime Minister;
(f) A vote of censure against the Government;
(g) Failure to pass a vote of confidence in the Government.

Article 119 [] The Prime Minister, Minister s, Secretaries of State and Deputy Ministers may be
arrested only if charged for an offense punishable by imprisonment and following
suspension of the office thereof by the President of the Republic.

Chapter V Justice

Section I The Courts

Article 120 [] (1) Courts shall be Sovereign bodies wit h powers to administer justice on behalf
of the people.
(2) The Supreme Court and other courts instituted by law shall discharge
jurisdictional duties.
(3) In the discharge of thei r jurisdictional duties, the courts shall be independent
and subject only to the law, and they shall be entitled to the assistance of other
authorities.

Article 121 [] (1) The courts shall guarantee and ensure compliance with the Constitutional
Law, laws and other legal provisions in force, protection of the rights and
legitimate interest of ci tizens and institutions, and s hall decide on the legality of
administrative acts.

(2) It shall be mandatory for all citizens and other legal entities to comply with
decisions of the courts and these shall pr evail over those of other authorities.

Article 122 [] Courts shall as a rule be collegiate and shall include professional judges and
citizen assistants who shall have the same rights and duties in respect of the trial
concerned.

Article 123 [] It shall be the duty of all public and private entities to cooperate with the courts in
the discharge of their duties.

Article 124 [] Court hearings shall 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.

Article 125 [] (1) Apart from the Constitu tional Court, courts shall be structured, in accordance
with the law, as follows:
(a) Municipal courts:
(b) Provincial courts; and
(c) The Supreme Court.
(2) The organization and functioning of m ilitary justice shall be set out in an
appropriate law.
(3) Military, administrative, auditing, fisca l. maritime and arbitration courts may be
constituted in accordance with the law.

Article 126 [] Without prejudice to the provisions of t he foregoing article, the constitution of
courts with sole powers to try dete rmined offenses shall be prohibited.

Article 127 [] In the discharge of their duties, j udges shall be independent and shall owe
obedience only to the law.

Article 128 [] Judges shall not be removable from o ffice and shall not be transferred,
promoted, suspended, retir ed or dismissed except in accordance with the law.

Article 129 [] Judges shall be responsible for decisions they make in the discharge of their
duties, except for restri ctions imposed by law.

Article 130 [] (1) The Presiding Judge of the Supreme Court, Vice President of the Supreme

Court and other judges of the Supreme Court and Constitutional Court may be
arrested only if charged for an offense punishable by a prison sentence.
(2) Trial court judges may not be arrest ed without being charged unless caught in
flagrante delicto committing a felony punishable by imprisonment.

Article 131 [] Judges shall not discharge any public or private duties other than teaching or
scientific research.

Section II High Council of the Judicial Bench

Article 132 [] (1) The High Council of the Judicial Bench shall be the highest body managing
and disciplining the judicial bench, and shall, in general:
(a) Consider the professional ability of and take disciplinary action in respect of
judges:
(b) Propose the appointment of judges to the Supreme Court in accordance with
the present Law;
(c) Order investigations, inspections and inquires into the legal services and
propose the measures needed to ensure the efficiency and improvement thereof;
(d) Appoint, place, transfer and prom ote judges, without prejudice to the
provisions of the present Law.
(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:
(a) Three lawyers nominated by the Pres ident of the Republic, at least one of
whom shall be a judicial judge;
(b) Five lawyers nominated by the National Assembly;
(c) Ten judges elected by judicial judges from among their own numbers,
(3) Members of the High C ouncil of the Judicial Bench shall enjoy the same
immunities as Supreme Court judges.

Article 133 [] The manner of judges jo ining the bench shall be established by law.

Section III Constitutional Court

Article 134 [] The Constitutional Court shall in general administer justice on legal and
constitutional matters, and shall:
(a) Prevent unconstitutionality, in accordanc e with the provisions of Article 154;
(b) Consider whether laws, executive la ws, ratified international treaties and any
rules are unconstitutional, in accordanc e with the provisions of Article 155;

(c) Verify and consider non-compliance with the Constitutional Law owing to
failure to take the requisite measures to make constitutional rules executable;
(d) Consider appeals in respect of the cons titutional nature of all decisions of
other courts that refuse to apply any rule on the grounds that it is
unconstitutional;
(e) Consider appeals in respect of the cons titutional nature of all decisions of
other courts that apply a rule the cons titutional nature of which has been evoked
during the trial.

Article 135 [] (1) The Constitutional Court shall be co mposed of seven judges, nominated from
among lawyers and judges as follows:
(a) Three judges nominated by the Pres ident of the Republic, including the
President of the Court;
(b) Three judges elected by the National As sembly by a two-thirds majority of
Members present;
(c) One judge elected by a fu ll session of the Supreme Court.
(2) Judges of the Constitutional Court shall be appointed for a non-renewable
seven-year term and shall be guaranteed the same independence, irremovability
from office, impartiality and nonliabi lily as judges of other Courts.
(3) Other rules related to the powers, organization and functioning of the
Constitutional Court shall be es tablished by an appropriate law.

Section IV The Attorney General’s Office

Article 136 [] 1 The Attorney General’s Office shall be re presented in the courts by the Ministry
of Justice Bench, in accordanc e with the respective Statutes.
(2) The Attorney General’s Office s hall defend Democratic legality and,
especially, represent the State in taking penal action and defending the interests
assigned to it by law.

Article 137 [] (1) The Attorney General’s Office shall be presided over by the Attorney General
and shall comprise the High Council of the Ministry of Justice Bench, which shall
be composed of members elected by the National Assembly and members
elected by Ministry of Justice judges fr om among their own numbers, in a manner
to be set out by law.
(2) The Attorney General’s Office shall have its own statutes, enjoy autonomy in
accordance with the law and be governed by the statutes of judicial and Ministry
of Justice judges.
(3) The organization, structure and functioning of the Attorney General’s Office
and the manner of joining the Ministry of Justice Bench shall be established in an
appropriate law.

Article 138 [] Ministry of Justice judges shall be responsible to the law and shall follow
hierarchical authority.

Article 139 [] (1) The Attorney General, Deputy Atto rney General and assistants of the
Attorney General may be arrested only when charged for an offense punishable
by imprisonment.
(2) Ministry of Justice trial court ju dges and the equivalent may not be arrested
without being charged unless caught in flagrant delicto to committing a felony
punishable by imprisonment.

Article 140 [] Ministry of Justice judges shall no t be transferred, suspended, promoted.
dismissed or subject to any other change of position except in accordance with
the appropriate statute.

Article 141 [] The office of Ministry of Justice judge s hall be incompatible with the discharge of
public or private duties, except for t eaching, scientific research or bench
associations.

Chapter VI Judicial Proctorate

Article 142 [] (1) The Judicial Proctorate shall be an independent public body the pu
rpose of
which shall be to defend the rights, fr eedoms and guarantees of citizens ensuring
by informal means the justice and legal ity of the public administration.
(2) Citizens may present the Judicial Proctorate with complaints conce
rning acts
or omissions by the public authorizes t hat it shall consider with no power of
decision, submitting to the appropriate bodies its recommendations to prevent
and remedy injustices.
(3) The activity of the Judicial Proctora te shall be independent of the means to
rule on appeals or disputes provided for in the Constitutional Law and the law.
(4) The other duties and statutes of the Judicial Protorate shall be established by
law.

Article 143 [] (1) The Judicial Proctorate shall be nom inated by the National Assembly on the
decision of two- thirds of Members present and shall be sworn in by the
President of the National Assembly.
(2) The Judicial Proctorate shall be appoint ed for a four-year term of office and
may be re-appointed for another four-year term.

Article 144 [] It shall be the duty of public administrat ion bodies and agents to cooperate with
the Judicial Proctorate in the discharge of its duties.

Chapter VII Local Government

Article 145 [] State organization at local level shall co mprise local government agencies and
local administrative bodies.

Article 146 [] (1) Local government agencies shall be te rritorial corporate bodies for the
purpose of pursuing the interests of t he population, and shall for this purpose
have elected representative bodies and fr eedom to administer their communities.
(2) The constitution, organization, powers, functioning and regulamentary powers
of local government agencies shall be specified by an appropriate law.

Article 147 [] (1) Local administrative bodies shall be local administrative units decentralized
from central Government fo r the purpose of achieving the specific attributes of
the State administration at local leve l, guide economic and social development
and ensure the provision of communal services in the respective geograph
ical
area.
(2) The type of local administrative bodies, organization, powers and functioning
shall be established by an appropriate law.

Article 148 [] (1) The Provincial Governor shall be the Government representative in the
respective province, shall in general direct the governance of the province, shall
ensure the normal functioning of loca l administrative bodies, and shall be
answerable to the Government and the President of the Republic.
(2) The Provincial Governor shall be appointed by the President of the Republic
after hearing the Prime Minister.

Part IV National Defense

Article 149 [] (1) The State shall ens ure national defense.
(2) The objectives of national defense shall be to guarantee national
independence, territorial integrity and the freedom and security of the population
against any aggression or external threa t, within the framework of the instituted

constitutional order and international law.

Article 150 [] (1) The National Defense Council shall be presided over by the President of the
Republic and shall be composed as follows:
(a) Prime Minister;
(b) Minister of Defense;
(c) Minister of the Interior;
(d) Minister of External Relations;
(e) Minister of Finance;
(f) Chief of General Staff of the Angolan Armed Forces.
(2) The President of the Republic may su mmon other entities, by virtue of their
expertise, to attend meetings of the National Defense Council.
(3) The National Defense Council shall be the consultative body for matters
related to national defense and the organizati on, functioning and discipline of the
Armed Forces, and shall have the administr ative powers conferred on it by law.

Article 151 [] (1) The Angolan Armed Forces, under the supreme authority of their Commander
in Chief, shall owe obedience to the appropr iate sovereign bodies, in accordance
with the present Law and other statutory legislation, and shall defend the nation
militarily.
(2) The Angolan Armed Forces, as a Stat e institution shall be permanent, regular
and nonpartisan.
(3) The Angolan Armed Forces shall be sole ly composed of national citizens and
the general rules of organization and preparat ion thereof shall be established by
law.

Article 152 [] (1) The defense of the country shall be t he right and the highest indeclinable duty
of every citizen.
(2) Military service shall be compulsory. The manner in which it is fulfilled shall be
established by law.
(3) Citizens shall not lose permanent empl oyment or other social benefits by
virtue of doing national service.

Part V Guarantee and Amendment of the Constitutional Law

Chapter I Monitoring of Unconstitutionality

Article 153 [] (1) Rules in breach of the Constitutional La w or the principles set out therein shall

be unconstitutional.
(2) The Constitutional Court shall declare the unconstitutional nature of acts of
commission or omission.

Article 154 [] (1) The President of the Republic and one- fifth of the Members of the National
Assembly may request of the Constitutional Court prior consideration of the
constitutional nature of any rule subject to promulgation, signature or ratification
by the President of the Republic, namely statutory legal acts, executive laws,
decrees or international treaties.
(2) Rules in inspects of which prior consideration has been requested of the
Constitutional Court shall not be promulgated, signed or until the Constitutional
Court has given its ruling.
(3) Where rules referred to in the foregoing paragraph are declared to be
unconstitutional, the rule shall be vetoed by the President of the Republic and
returned to the body that approved it for removal of the part deemed
unconstitutional.

Article 155 [] (1) The President of the Republic, one-fi fth of the Members of the National
Assembly present, the Prime Minister and the Attorney General may request of
the Constitutional Court prior consideration of any rules.
(2) The declaration of the unconstitutional nature of rules referred to in the
foregoing paragraph shall take effect with t he entry into force of the rule declared
unconstitutional and shall entail redrafting of the rules it may have revoked.
(3) In the event of unconstitutiona l through a breach of the foregoing
constitutional rule, the declaration shall take effect only on the entry into force
thereof.
(4) Exceptions shall be tried cases, unless the Constitutional Court decides
otherwise, where the rule complies with penal, disciplinary or mere infringement
of company regulations c harge, and where the content is unfavorable to the
accused.

Article 156 [] 1 The President of the R epublic, one-fifth of Member s present and the Attorney
General may request the Constitutional Co urt to declare unconstitutionality by
omission.
(2) If unconstitutionality by omission is verified, the Constitutional Court shall
inform the appropriate legislative body acco rdingly, so that the omission may be
remedied.

Article 157 [] The Constitutional Court shall state its views on the constitutionality of rules
submitted to it for consideration within no more than forty-five days.

Chapter II Amendment of the Constitution

Article 158 [] (1) The National Assembly may review the Constitutional Law and approve the
Constitution of the Republic of Angola on the decision of two-thirds of Members
present.
(2) No less than ten Member s or the President of the Republic may propose
amendment of the Constitution.
(3) The Constitutional Law may be amended at any time.
(4) The National Assembly shall determi ne the manner of proposing the drafting
of the Constitution of the Republic of Angola.
(5) The President of the Republic sha ll not refuse to promulgate the Law
Amending the Constitution of the Republic of Angola adopted in accordance with
the first paragraph of the present article.

Article 159 [] Amendments to and approval of the Consti tution of Angola shall comply with the
following:
(a) Independence, territorial in tegrity and national unity;
(b) The fundamental rights and fr eedoms and guarantees of citizens;
(c) A State based on the rule of law and party political pluralism;
(d) Universal, direct, secret and peri odic suffrage for the appointment of the
elected office holders of sovere ign bodies and local government;
(e) The secular nature of the State and the principle of separation between the
State and churches;
(f) The separation and inte rdependence of the courts.

Article 160 [] During a state of siege or st ate of emergency, no amendm ent of the Constitution
shall be made.

Part VI Symbols of the Republic of Angola

Article 161 [] The symbols of the Republic of Angola sh all be the Flag, the Insignia and the
National Anthem.

Article 162 [] The National Flag shall consist of tw o colors in horizontal bands. The upper band
shall be bright red and the lower one black and they shall represent:
Bright red – The blood shed by Angolans during colonial oppression, the national
liberation struggl e and the defense of the country.
Black – The African continent.

In the center there shall be a composition formed by a segment of a cog wheel,
symbolizing the workers and industrial production, a machete, symbolizing the
peasants, agricultural production and the armed struggle, and a star, symbolizing
international solidarity and progress. T he cog wheel, the machete and the star
shall be yellow, symbolizing the country’s wealth.

Article 163 [] The insignia of the Republic of Angola shall be formed by a segment of a cog
wheel and sheaves of maize, coffee and co tton, representing respectively the
workers and industrial production, the peas ants and agricultural production. At
the foot of the design, an open book s hall represent education and culture, and
the rising sun shall represent the new count ry. In the center shall be a machete
and a hoe symbolizing work and the start of the armed struggle. At the top shall
be a star symbolizing international solidarity and progress. In the lower part of
the emblem shall be a golden band with t he inscription ‘Republic of Angola’.

Article 164 [] The National Anthem shall be “AN GOLA AVANTE” (Forward Angola).

Part VII Final and Tr ansitional Provisions

Article 165 [] The laws and regulations in force in the Republic of Angola shall be applicable
unless amended or repealed, provided t hey do not conflict with the letter and
spirit of the present Law.

Article 166 [] All treaties, agreements and alliances to which Portugal committed Angola and
which are contrary to the interests of the Angolan people shall be reviewed.
© 1994 – 17. Feb. 2004 / For corrections please contact A. Tschentscher .

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