|
AUGUST
1992
The
amendments to the Constitutional Law introduced in March
1991 through Law No. 12/91 were mainly aimed at creating
the requisite constitutional framework for the establishment
of multiparty democracy, broadening recognition and
guarantees of the fundamental rights and freedoms of
citizens, and constitutionally enshrining the basic
principles of a market Economy.
Since
it was only a partial revision of the Constitutional
Law, as necessary as it was urgent, some constitutionally
appropriate and important aspects related to the organisation
of a democratic State based on the rule of law were
quite rightly left to be properly dealt with in the
Constitutional Law, through a second constitutional
revision.
As
a consequence of the constitutional enshrinement of
the establishment of multiparty democracy and the signing,
on 31 May 1991, of the Angola Peace Accords, for the
first time in the country's history multiparty general
elections based on direct and secret universal suffrage
were held in September 1992 to chose the President of
the Republic and Members of the future Parliament.
Without
detracting from the powers of the National Assembly
to amend the current Constitutional Law and approve
the Constitution of the Republic of Angola, it has become
indispensable to proceed with the immediate amendment
of the Constitutional Law, as planned, aimed essentially
at clarification of the political system, the separation
of the functions and the interdependence of sovereign
bodies, and also at making the status and guarantees
of the Constitution explicit, in accordance with the
enshrined principles of building a democratic State
based on the rule of law in Angola.
It
is indispensable to stability in the country and to
the consolidation of peace and democracy that the nation's
sovereign bodies, specifically those emerging from the
September 1992 general elections, should have at their
disposal a clear basic law related to the essential
outlines of the political system, the powers of the
nation's sovereign bodies, the organization and functioning
of the State, until such time as the future legislative
body decides, exercises its constitutional amendment
powers and approves the Constitution of the Republic
of Angola. The present Law on the Amendment of the Constitution
introduces, generically, the following major amendments:
The
State becomes the Republic of Angola and the legislative
body the National Assembly, and the courts are no longer
prefixed by the term "People's".
In
Part 11, under fundamental rights and duties, a few
new articles have been added aimed at reinforcing recognition
and guarantees of fundamental rights and duties, based
on the principles of the major international treaties
on human rights to which Angola has already adhered.
In
Part 111, under State bodies, far-reaching changes have
been introduced leading to the complete re-drafting
of the previous text. The purpose of the changes is
to establish clearly that Angola is a democratic State
based on the rule of law and a model of State organization
founded on the separation of functions and interdependence
of sovereign bodies and on a semi-presidential system
in which the President of the Republic has an active
role. Substantial changes have also been made, for the
same purpose, in the part related to the administration
of justice and the organization of the judiciary, and
the essential outlines of the constitutional status
of judicial and Ministry of Justice judges have been
set out.
The
provisions referring to the monitoring of the Constitution
by a Constitutional Court, as well as the procedures,
powers and limits of constitutional amendment, are specifically
dealt with in a separate part of the Constitutional
Law, after the part on National Defenses.
Under
these terms, in accordance with Article 51 (a) of the
Constitutional Law and using the powers conferred on
me by Article 47 (q) of that Law, the People's Assembly
approves and I sign and order publication of the following:
ARTICLE
1
The
amendments the Constitutional Law contained in the attached
document, which are an integral part of the present
Law, have been approved.
ARTICLE
2
The
present Law shall enter into force on the date of publication
thereof, without prejudice to the provisions of the
following articles.
ARTICLE
3
1.
The People's Assembly shall continue to function until
the swearing in of the Members of the National Assembly
elected in the legislative elections of 29 and 30 September
1992.
2.
The Provincial Popular Assemblies shall cease their
mandate on the swearing in of the Members of the National
Assembly referred to in the foregoing clause.
ARTICLE
4
1.
During the transitional period referred to in the foregoing
article, the President of the Republic shall be the
President of the People's Assembly and Head of Government.
2.
In the event of the temporary absence or disability
of the President of the People's Assembly, meetings
thereof shall be directed by a member of the Standing
Commission nominated by the President of the People's
Assembly.
ARTICLE
5
1.
The term of office of the President of the Republic
incumbent on the date of publication of the present
Law shall be deemed valid and extended until the swearing
in of the President of the Republic elected in the presidential
elections of 29 and 30 September 1992.
2.
In the event of the death or permanent disability of
the current President of the Republic, the Standing
Commission of the People's Assembly shall nominate from
among its members for a period not exceeding 30 days
a Member to hold that office temporarily, and the People's
Assembly, on the proposal of the Standing Commission,
shall elect an interim President of the Republic until
the swearing in of the President of the Republic elected
in the next presidential elections by direct and secret
universal suffrage.
ARTICLE
6
Until
such time as the Constitutional Court has been instituted,
the Supreme Court shall exercise the powers provided
for in Articles 134 and 135 of the Constitutional Law.
ARTICLE
7
Until
such time as the High Council of the Judicial Bench
is instituted, a full meeting of the Supreme Court shall
discharge the duties provided for in Article 132.
ARTICLE
8
Until
such time as the High Council of the Ministry of Justice
Bench is instituted, the officers of the Attorney General's
Office shall discharge the duties assigned to that body.
ARTICLE
9
Until
such time as the Judicial Proctorate is instituted,
the general duties assigned to it in the Constitutional
Law shall be discharged by the Attorney General.
ARTICLE
10
1.
Officers in the Angolan Armed Forces shall not be dismissed
or relieved of their duties for political reasons.
2.
Officers who are members of the High Command of the
Armed Forces and the General States thereof shall not
be dismissed or relieved of their duties for a period
of five years from the date of publication of the present
Law, except for reasons of discipline or incapacity,
in accordance with the law on the rules of military
service.
ARTICLE
11
The
members of the Council of the Republic on the date of
publication of the present Law shall end their term
of office after the general multiparty elections of
29 and 30 September 1992, on the swearing in of the
new members of the Council of the Republic, in accordance
with Article 77 of the Constitutional Law.
ARTICLE
12
The
first legislative session of the National Assembly elected
in the general multiparty elections of 29 and 30 September
1992 shall open within thirty days of the publication
of the final results of the count or, in the event of
a second round of presidential elections, within fifteen
days of the swearing in of the President of the Republic.
ARTICLE
13
The
sovereign bodies emerging from the presidential and
legislative elections of 29 and 30 September 1992 shall
regulate the form, organization and terms of the said
swearing in, after hearing the Supreme Court in the
case of the swearing in of the President of the Republic.
ARTICLE
14
The
Constitutional Law of the Republic of Angola shall remain
in force until the entry into force of the Constitution
of Angola, approved by the National Assembly in accordance
with the provisions of Article 150 of the Constitutional
Law and those ensuing.
Seen
and approved by the People's Assembly.
To
be published.
Luanda,
25 August 1992.
THE
PRESIDENT OF THE REPUBLIC
José
Eduardo dos Santos |
