Africa-Press – Angola. This Monday, the Constitutional Court denied the provision of the “unspecified precautionary measure” brought by UNITA, on the 2nd of this month, which asked the CNE to declare the ineffectiveness of the Minutes of the National Tabulation of Definitive Electoral Results of the election of 24 August.
The Court’s decision stems from the fact that the request was made as an automatic effect of the law, under the terms of article 158 of the Organic Law on General Elections (LOEG) and because it did not fulfill the cumulative conditions for its enactment, under the terms of articles 399. et seq. of the Civil Procedure Code.
The measure made public yesterday appears in Judgment No. 767/2022, of the Constitutional Court, which was initialed by the councilor judges of the TC plenary, except for one of its members who declared himself impeded.
In this order, the Court emphasizes that the applicant (UNITA) asked the Constitutional Council, in its capacity as Electoral Court, to declare the Acta do Nacional Tabulation of the Definitive Electoral Results of the 24 August General Elections ineffective.
In the appeal, UNITA asked the Constitutional Court to summon the National Electoral Commission to admit the applicant’s claim and that the CNE refrain from causing harm to the applicant that impede the effective exercise of his constitutional rights and guarantees.
Of the presuppositions for the provision of an injunction, the document underlines, after a series of requirements, that the facts described by the applicant, together with what has already been issued above regarding the suspensive effect of the filing of an appeal with the Constitutional Court, within the scope of the electoral litigation, cannot fulfill the “periculum in mora” requirement, as the requirements are cumulative.
The “periculum in mora” requirement consists of the imminence of any injury or serious damage that is difficult to repair to that right, due to the delay in the definitive conformation of the dispute, thus justifying the urgency in the realization of this right to prevent the damages that arise from the natural delay of the process”.
The failure to verify this assumption, emphasizes the Court, renders the assessment of the remaining assumptions “despicable”. In this order, the Constitutional Court concludes that, on the one hand, if there is a specific action defined by law to safeguard the rights invoked, a subsidiary means, such as the precautionary procedure, should not be used; and, on the other hand, the cumulative assumptions of the unspecified injunction are not fulfilled.
Of the facts alleged by the applicant (UNITA), the Judgment highlights the 31st extraordinary session of the CNE plenary, held on the 28th of last month, which approved the results of the Definitive National Tabulation of the General Elections.
Thus, from the calculation carried out by the candidacy of UNITA, in the summary minutes in its possession and of the CNE, an institution that maintains, in legal terms, custody of the material of the election file of 24 August, the candidacy of the UNITA party found a number of terms different from the one calculated by the National Electoral Commission.
“The representative of the UNITA candidacy, David Horácio Njunjuvili, present at the aforementioned meeting, dissatisfied with the results projected on screen, in the CNE meeting room, timely expressed, before the Plenary, his interest in recording the complaint about those results in the minutes, which was restricted, allegedly, because it was untimely”, reinforces the document.
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