Angola: Party registration
Updated May 2006
The law governing the registration of political parties is Law 2/2005 of 1 July 2005, informally referred to as "the Law of Political Parties" (Santana 2006). In terms of Law 2/05 (Article 1) parties are defined as permanent and autonomous citizens organisations that are established to participate democratically in the political life of the nation. They do so by completing freely for the formation and expression of the popular will in the electoral process and the organisation of political power, through the nomination and support of candidates. They must do so in accordance with the Constitution and with their statutes and programmes.
A distinction is made between political parties and political associations in terms of their legally permitted activities. Both parties and associations may influence public opinion and political consciousness, encourage citizens to participate in public life, empower citizens to assume the political responsibilities of public office, contribute to nation building and civic education and to the development of national political institutions. Certain political activities are restricted to political parties and may not be engaged in by political associations. Parties alone may participate in the activities of state organs, partake in elections to determine national policy, contribute to the exercise of political rights by citizens, lay down government and administrative executive programmes and influence national policy in Parliament and Government (Articles 2, 3).
Registration requirements
Parties only acquire legal personality, for the purpose of exercising the activities described above, once they are registered. Registration requires an inscription in the register of parties maintained by the Constitutional Court ("Tribunal Constitucional"; Articles 6, 12; In the absence of a duly constituted Constitutional Court, a constitutional amendment, Law No 12/91, Article 6, enables the Supreme Court to perform its functions).
Parties must have a national character and parties are prohibited if (Article 5):
- They are locally or regionally based.
- They promote tribalism, racism or regionalism or discrimination that compromises national unity or integrity.
- They unconstitutionally subvert the democratic and multi-party system.
- They use or promote the use of violence to achieve their goals.
- They adopt military or paramilitary uniforms.
- They have underground structures.
- They use paramilitary organisations.
- They are subject to foreign control.
Political parties must have their headquarters within Angola and may not set up external missions, though branches amongst expatriates are permitted (Article 11).
The application for registration must be endorsed by 7 500 people with full citizenship rights over seventeen years; these endorsements must include at least 150 residents from each of the 18 provinces (Article 14.1). Until a 2005 amendment only 3 000 endorsements had been required (Santana 2006, 7). The application must be accompanied by (Article 14.2,3):
- The party constitution and progammes with proof of their endorsement by a representative assembly of the party.
- A copy of an advertisement of the party assembly, in a widely circulated newspaper, with the minutes of the body that elected the leadership bodies of the party.
- Copies of the identification documents, passports or voter's cards of the 7 500 endorsers.
- Certification that the endorsers reside in a particular province, obtained from the relevant local authorities.
References
LAW NO 12/91 OF 6 MAY 1991 [www] http://www.psr.keele.ac.uk/docs/angola.pdf [PDF, opens new window] (accessed 30 May 2008).
LAW NO 2/05 OF 1 JULY 2005 [www] http://aceproject.org/regions-en/eisa/AO/ zz%20Law%20No%202%2005%201%20of%20July.pdf [PDF document, opens new window] (accessed 30 May 2008).
Lei No 2/05 de 1 de Julho, [www] http://aceproject.org/ero-en/misc/to-be-filed/ Lei%20No%202%2005%20de%201%20de%20Julho.pdf [PDF document, opens new window] (accessed 30 May 2008).
SANTANA, A 2006, Political Parties and Political Evolution in Angola | Os Partidos e a Evolução Política em Angola [PDF, opens new window], EISA Research Report No 28.