Angola: Party regulation

Updated May 2006

The law governing political parties Law 2/2005 of 1 July 2005 contains provisions that regulate the internal functioning of political parties. All the members of a party, or a representative assembly of its members, must ratify the party constitution and elect its office bearers (Article 8, b),c)). The constitution and programme of a party may be submitted for publication in the government gazette (Diário da República; Article 9, 2.,a)).

Membership provisions

Broad principles laid down prohibit parties from discriminating on the grounds of race, sex, origin or religion in granting membership (Article 8, a)). Membership of political parties is restricted to Angolan citizens, aged 18 or older, who enjoy full civil and political rights (Article 21, 1). Members of the security forces, judicial officers and corporate bodies may not affiliate with political parties (Article 21, 2). Further, no one may belong to two different parties (Article 22).

The law also lays out that all members of a party have the same rights and duties, with the proviso that the right to vote on internal party matters may be abridged where members have failed to pay subscriptions laid down in the party constitution (Article 23, 2.,3.). Similarly the right to hold office in the party may be restricted by requirements of minimal periods of party membership (Article 23, 3.).

Party affiliation is terminated on the death of a person, on joining the security or judicial services of the state, or when a person resigns, is expelled, affiliates with another party or stands as a candidate for public office for another party (Article 27).

Leadership provisions

The holding of leadership positions is restricted to Angolan citizens who are resident in Angola (Article 24, 1.). The law distinguishes between naturalised citizens and native born citizens. The former may only hold party office once fifteen years has expired since their naturalisation (Article 24, 2.). They are restricted to lower and intermediate rungs of office, however, for the highest leadership positions are restricted to those who are nationals by birth (Article 25, 3.).

Angolan citizens are considered resident if they are usually resident in the country for a three year period (Article 25, 1.). Citizens who live abroad in the service of the diplomatic or commercial service of the state, or for reasons of education or healthcare acquisition are exempt from these requirements (Article 25, 2.).

The law prohibits the taking of oaths of loyalty to leaders of political parties, without abridging the duty of party members and leaders to "act with loyalty, respect, courtesy and to allow for differences amongst themselves" (Article 26).

Adjudication of intra-party conflict

Article 28 specifies that the disciplinary order established by a party cannot override the rights and duties imposed by law. It further stipulates the competent authorities to adjudicate differences within the party:

Disputes over funds are to be decided by the Court of Auditors (Tribunal de Contas).
Disputes over the interpretation of the party constitution are to be decided by the Constitutional Court (Tribunal Constitucional).
Disputes over civil or administrative issues are to be decided by the ordinary courts.

Nominations to public office

Party constitutions must layout the competencies of party organs to nominate candidates for public office, while candidates irregularly nominated are subject to disqualification (Article 29). Members of political parties may be nominated to stand for the presidency of the Republic, without prejudice to the non-partisan nature of the office (Article 30).

Party affiliations

Parties are permitted to organise or affiliate with other organisations for the youth, women or professions without these organisations losing their autonomy (Article 31). Parties may also affiliate with international organisations, with notice to the President of the National Assembly and the Chief Justice of the Constitutional Court, providing that the bodies concerned are democratic in structure and do not have aims contrary to the Constitution and the law (Article 32, 1.,2.). The law further specifies that the autonomy of the party concerned should not be endangered or the party subjected to external direction contrary to Angolan law (Article 32, 3.,4.).

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 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).