Luanda - The Constitutional Court (TC) has rejected the request submitted by the main opposition party the National Union for the Total Independence of Angola (UNITA) to declare unconstitutional one rule of the National Assembly (AN) procedure in the process to remove the President of the Republic from office, ANGOP has learnt.
In its decision, which is contained in the final decision disclosed Thursday, the TC explains that the UNITA Parliamentary Group requested a declaration of the unconstitutionality of rule no. 3 of article 284 of the AN's Rules of Procedure as they defend that it contradicts the Constitution of the Republic of Angola (CRA).
According to the document, UNITA considers that the rule in question gives the Plenary of the AN "powers that conflict with those established in paragraphs 3, 4 and subparagraphs b) and c) of paragraph 5 of article 129 of the Constitution".
The 10 judges, who signed the document, emphasize that, in the context of the process to remove the President of the Republic, the initiative "must be duly substantiated and is up to the National Assembly".
It adds that the proposal "for an initiative is presented by one third of the deputies in office and the resolution is approved by a 2/3 majority of the parliamentarians in office, after which the respective communication or procedural petition must be sent to the Supreme Court or the Constitutional Court, as the case may be."
The TC explains that the UNITA Parliamentary Group failed to mention when the procedures began, which should be done by the Parliament according to the Constitution of the republic.
It considers that the timing of the initiative for the processes of criminal liability and removal of the President of the Republic by the Parliament "cannot be confused" with the timing of the initiative proposal.
The proposal must be presented by a third of the deputies in office, the constitutional court said, clarifying that the two moments are taken by different entities.
In October, the Plenary of the National Assembly rejected the initiative for the prosecution and removal of the President of the Republic, João Lourenço, formalized by the UNITA´s Parliamentary Group.
The initiative by the largest opposition party was rejected with 123 votes against from the People's Movement for the Liberation of Angola (MPLA) and the Humanist Party of Angola (PHA) and one abstention from the Social Renewal Party (PRS).
VIC/IZ/MRA/AMP
