Angola: Party registration (continued)

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).

page 1  ·  2

Reference

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).