Africa-Press – Angola. The Constitutional Court (TC) dismissed the “extraordinary appeal of unconstitutionality” against the appointment of Carlos Cavuquila as Counselor Judge of the Supreme Court (TS).
In a judgment, the TC understands that “the material assumptions” established for the successive abstract inspection action in the said process are not met.
At issue is the fact that the Superior Council of the Judiciary (CSMJ) proposed Carlos Cavuquila to fill the position of advisor judge, despite his alleged involvement in two cases of embezzlement of public funds, one of which has already become final and unappealable.
The extraordinary appeal of unconstitutionality was filed by the Angolan Bar Association (OAA) against Presidential Decree 140/23, of 21 June, due to an alleged lack of civic and moral integrity.
In the aforementioned Diploma, the President of the Republic, João Lourenço, appointed Carlos Alberto, following his appointment by the CSMJ, to fill the vacancy of advisor judge of the Supreme Court.
The TC clarifies that the claim of the OAA has become unfeasible, because the extraordinary appeal of unconstitutionality is only applicable to issues that have already merited a previous decision by another court.
In this context, he continues, the OAA should first exhaust the ordinary remedies legally provided for other jurisdictions, before requesting the intervention of the constitutional court.
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