Search Results for: Constitutional Court

Chief Justice of the Constitutional Court Defends Land-Grabbing

A request for the acquisition of several thousand hectares of land in Kwanza-Sul province, in the name of the chief justice of the Angolan Constitutional Court, Rui Ferreira, has raised suspicions of illegal practice. In the documents, the judge appears as the representative of a private company. This is the story. On the remains of the crumbling wall of an overgrown colonial house, someone has written: “Welcome [poster printed with a photograph of President dos Santos] to Lonhe.” The commune, part of the Quibala municipality in Kwanza-Sul province, is a place where time has stood still for its inhabitants. The polite message on the wall is much appreciated by top Angolan public officials. According to documents obtained by Maka Angola, Chief Justice Rui Ferreira and two of his children have been fast-tracked in the process of acquiring a total of 24,812 hectares of land in Lonhe. The area is three […]

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Felon Appointed as Supreme Court Justice of Angola

The unprecedented appointment of a convicted criminal to the Angolan Supreme Court – in blatant contravention of the law – has sparked a formal complaint to the country’s Attorney-General to trigger a full investigation into the judicial appointment process as well as any improper interference by President João Lourenço. The Honorable Attorney General of the Republic of Angola Subject: Submission concerning the illegal acts perpetrated by the Superior Council of the Judiciary and the President of the Republic of Angola Rafael Marques de Morais, an Angolan national citizen bearer of ID Number [redacted], residing at [redacted], Luanda, based on the following facts, informs the Attorney General of the Republic that the appointment of Carlos Alberto Cavuquila as Justice of the Supreme Court is illegal, a threat to the constitutional order and rule of law, and, therefore, should be annulled. Cavuquila’s appointment is in clear violation of Article 41, paragraph 1, c) of […]

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Constitutional Challenge to Angola’s New Media Laws

The main Angolan opposition party, UNITA, is launching a legal challenge to the MPLA government’s latest attempt to gag criticism of the regime. In a petition to the Constitutional Court, UNITA argues that specific clauses of the MPLA media law are simply unconstitutional and calls on the Court to issue a ruling to that effect. The Angolan Constitution, rewritten in 2010, affirms the right to freedom of expression under Article 44 stating explicitly “Freedom of the press is guaranteed, and cannot be subjected to any prior censorship of a political, ideological or artistic nature.” It goes on: “The state will ensure pluralism of expression and guarantee different ownership and editorial diversity in the media. UNITA argues that the Constitution does not contemplate the possibility of any law attempting to restrict the freedom of the press. The current legal set-up makes it impossible for any individual or organization other than a […]

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Angola Elections 2022: What Next for the Opposition?

Attempts by Angola’s opposition parties to challenge the result of last month’s elections in the Constitutional Court (Tribunal Constitucional) have faltered, with just a week remaining before the official swearing-in of the MPLA’s João Lourenço as President for a second term. The official election results announced by the National Electoral Commission (Comissão Nacional Eleitoral, CNE) declared victory for the MPLA with 51% of the vote, with UNITA second on 43% – an outcome that reflected voters’ appetite for change. So where does UNITA go from here and how best can it capitalize on the public mood? ——————————– Provided Angola’s Constitutional Court certifies the election result, the country’s next President will be sworn in on September 15th. In all likelihood, that will once again be the MPLA candidate, João Lourenço, who faces an uphill battle after the significant setbacks in this election for which many in the party blame him directly. […]

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Angola Elections 2022: Trouble Ahead?

Angola’s 2022 election seemed to go well. International observers dubbed the poll ‘free and fair’ and the official election organizer, the Comissão Nacional Eleitoral (CNE), declared the MPLA the victor with just over 51% of total votes cast. This official result was immediately challenged by the main opposition party, UNITA, amid allegations of inconsistencies in the count and procedural irregularities by the CNE itself. The situation risks undermining the all-too-recent gains in democratic freedoms and civil liberties, with opposition supporters taking to the streets to express their anger, feeling cheated of the change they desperately wanted. ————— When on August 29th the CNE announced the official election result, awarding victory to the ruling MPLA, it was immediately challenged by UNITA on the grounds of alleged inconsistencies between the certified polling station tallies and the final count given by the CNE. Initially, the main opposition, UNITA seemed to suggest the numbers […]

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Challenging Angola’s Election Result

The official result of the Angolan elections gave victory to the MPLA with 51.17% of the total votes cast; UNITA coming second with 43.95%. UNITA reacted to the announcement by issuing a public statement that, until judgement is forthcoming in the legal challenges it submitted, the party would not accept the results given by the National Electoral Commission (the CNE) and would petition the Constitutional Court to freeze the CNE result pending judgement. UNITA’s statement makes three laudable points. First: the party has chosen to follow legal and institutional procedures to press its case, in line with the stance of the United States and European Union, who praised the peaceful conduct of the elections and urged that any dispute be settled through due judicial process. The UNITA leadership has thus rejected calls by ‘Trump style’ militants in the party who wanted to mobilize their supporters to march on parliament and […]

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Angolan Elections 2022: Party Manifestos Silent on Judicial Reform

Ahead of Angola’s presidential and parliamentary elections this month, the United States Senate has taken the unusual step of passing a resolution calling for the electoral process to be conducted fairly, peacefully and transparently. Angolans might feel affronted by this: doesn’t their Constitution, along with numerous laws and regulations, already guarantee this? The Senate Resolution says: “Angola is classified as ‘Not Free’ by Freedom House due to the ruling MPLA’s abuse of state institutions to control political processes and limit free expression”. It is critical of state control over the mass media and bureaucratic interference in opposition parties, and demands all parties and candidates be allowed to campaign without undue restriction, harassment or intimidation. For this election to be credible, the US Senate urges the Angolan government to take a number of measures, including making electoral rolls public and allowing the European Union to send election monitors. In effect, the […]

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Angolan Elections 2022 (Part 1): the Election Campaign Starts Here

The date has now been set for this year’s presidential and legislative elections in Angola:  fourteen million registered voters will go to the polls on Wednesday August 24th. The announcement marks the start of what is expected to be an intense twelve weeks of political activity. For many Angolans this is a period of excitement and hope… their chance to exercise their democratic right and deliver their verdict on the current government’s record. Some, however, view the election campaigns as an opportunity for deception and fraud rather than a true celebration of democracy. History will record this plebiscite as the fifth democratic election since Angolan Independence in 1975. But it will also be the first election conducted free of the machinations of former President and kleptocrat-in-chief, José Eduardo dos Santos. For 38 years Dos Santos was able to rule unchallenged, only stepping aside as head of state five years ago, […]

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Vincent Miclet’s Angolan (Mis)Adventures

When Le Monde profiled the African-born businessman Vincent Miclet in November 2018, it called him the “Gatsby” of Francophone Africa. The inference was clear: opulence and decadence combined in a single name. Gatsby was the fatally-flawed eponymous character of F. Scott Fitzgerald’s novel, whose fabulous wealth was obtained through mysterious, possibly illegal, means and whose machinations led to his downfall. Vincent Miclet (on the main foto) was presented as somewhat exotic: a slick, fifty-something millionaire playboy, born and educated to Baccalaureate level in Africa, his business acumen, in his own words, “self-taught”. In a self-serving interview with Le Monde, Miclet hoped to portray himself as a business genius cheated by Angola’s corrupt Generals. Publication ensured numerous commentators would take a closer look. The French businessman did not respond the questionnaire . This is the first in a series of investigations by Maka Angola. BUDDIES AND BRIBES According to Liberation, Miclet […]

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Angola: When the Wolves can Dance with the Goats

This is an edited version of the presentation made at the Conference: A Celebration of Mandela’s Legacy and a Reflection on Democracy and Good Governance in Africa.   I am honored to return to the European Parliament as a guest of the Socialists and Democrats Group, for Africa Week. This meeting is special – it coincides with the centenary of the birth of one of Africa’s most celebrated leaders, Nelson Mandela. So it is a fitting day on which we take the opportunity to pay homage to his wise legacy and share our views on democracy and good governance. In Africa, what counts as democracy and good governance? The definition of these two concepts has spawned many political arguments – not to mention an entire industry of scholarship. In homage to Mandela, and with regard to the relationship between rulers and the ruled on the African continent, allow me to […]

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