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.

Registration process

To steer the prospective party through the process of meeting the above requirements a Steering Committee ("Comissão Instaladora") of 7-21 members must be appointed which has to be accredited by the Chief Justice of the Constitutional Court (Article 13.1,2). The accreditation application must include the goals of the party, summaries of the constitution and programme, the proposed party name, copies of the Steering Committee members' ID documents and criminal records, the working address of the Committee and documentation of assets and finances at its disposal (Article 13.2). Accreditations expire after six months and the party must be registered before its expiry; no extensions are provided for (Law 2/05, Article 12.3,6).

The Chief Justice is required to review the application and ensure that it complies with the law and that the prospective party's name, emblems and symbols cannot be confused with those of other political parties (Article 15.1, 19.1,2). Moreover, these elements of identity may not "adopt or evoke the name of a person, church, religion, tribe, race, region, religious confession or doctrine" (Article 19.3).

Apart from the party name, emblems and symbols, the prospective party's constitution must include the rules governing admission and exclusion, rights and duties, disciplinary codes and procedures, party structures at local, and national levels and their respective competencies (especially iro nominations of candidates for public office), funding sources and agency in dealing with third parties (Article 20, 2.). Principles of non-discrimination and internal democracy are laid out in Article 8, but the principle of internal democracy must also be entrenched in the party's constitution (Article 20, 2.k),m)). The constitution of a party must also incorporate measures to further gender equality (Article 20, 2.,l)).

Should changes be required by the Chief Justice, or if additional information is needed, the Steering Committee must be informed within 15 days and the party has three months to meet these requirements (Articles 15.3; 16.b)). Excluding delays of this kind, the decision of the Chief Justice must be made within 60 days (Article 15.2).

Party dissolution

Parties may dissolve themselves only by a decision of the competent internal body of the party as defined by the constitution of the party. Party constitutions must layout the terms by which dissolution may be undertaken; in all cases liquidators must be designated who distribute such assets as the party may have amongst its members (Article 33, 1.a), 2, 3).

The Constitutional Court may also dissolve parties under certain circumstance (Article 33 1.b), 4. Requests to the Constitutional Court for the dissolution of a political party may be made by the President of the National Assembly, the Attorney General or a registered party (Article 33, 5). Grounds for the dissolution of a party by the Constitutional Court include (Article 33, 4):

  • The party violates Article 5 (see above).
  • The party fails to participate in two consecutive elections.
  • The party membership falls below 7 500 citizens.
  • For seven years the party fails to supply proof of the periodic election of its leadership.
  • The party receives funds prohibited by law.
  • The party is declared insolvent.
  • The party's purpose is found to be illegal or contrary to public order and morality.
  • The party lacks presence in two-thirds of the provincial capitals.
  • The party fails to gain 0.5% or more of the vote at national level in parliamentary elections.

A political party my appeal against a decision to dissolve it to the full bench of the Constitutional Court (Article 33, 6).

References

LAW NO 12/91 OF 6 MAY 1991 [www] http://www.psr.keele.ac.uk/docs/angola.pdf [PDF, opens new window] (accessed 10 Mar 2010).

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 10 Mar 2010).
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 10 Mar 2010).

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.