Africa-Press – Angola. The president of the National Electoral Commission has been approved as a Supreme Court judge. “Manico,” as he is known, is accused of serving too long on the CNE and favoring the ruling party.
The list of new Supreme Court judges was released on Tuesday (26/08). Manuel Pereira da Silva, known as “Manico”, is among the names of the eight magistrates approved, out of a total of 74 applications.
“Manico” was re-elected, a few months ago, as president of the National Electoral Commission (CNE), for a five-year term.
Can “Manico” hold both positions?
Legal scholar Agostinho Canando doesn’t see any formal incompatibility in the two positions, but he reveals that, from a practical standpoint, it may be difficult to combine both roles. That’s why Canando asks: “What skills does Manuel Pereira da Silva have that other jurists or judges don’t have?”
Appointing another candidate for the position of Supreme Court judge could be more advantageous, the jurist believes.
Luís Jimbo, director-general of the Angolan Institute of Electoral Systems and Democracy, also states that he does not understand how someone who has not practiced law for more than ten years was chosen over the other candidates for the Supreme Court.
For Jimbo, this raises questions of ethics and law. “It makes no sense for the current president of the CNE, in his role as electoral manager, to advance in specific competitive processes for judges, the enforcers of the law,” he tells DW.
The analyst believes that the approval of Manuel Pereira da Silva’s candidacy may be more related to privileges. As a counselor judge at the Supreme Court, the president of the CNE would be placed on a par with judges from other bodies that handle electoral disputes.
“Now, counselor Manuel Pereira da Silva, who is a counselor to the Supreme Court and president of the CNE, will be on a par, in terms of protocol and privileges, with the presiding judge of the Constitutional Court with whom he exchanges documents,” Jimbo concluded.
Should “Manico” leave the presidency of the CNE?
Manuel Fernandes, president of the Broad Convergence for the Salvation of Angola – Electoral Coalition (CASA-CE), believes so. The politician says “Manico” must leave the CNE.
“Dr. Manuel Pereira da Silva has already given everything he had to give,” says Fernandes. “In fact, he doesn’t leave a good legacy at the CNE. If you look closely at the complaints in the last elections and the opposition to his reappointment, this news comes as a welcome surprise.”
In April of this year, Manuel Pereira da Silva took office in the National Assembly under protest from the largest opposition party, the National Union for the Total Independence of Angola (UNITA), which believed that the re-election process of the CNE president was “riddled with illegalities”.
DW contacted UNITA, but was unable to obtain a response. The CNE also did not respond to DW’s requests for comment.
Lawyer Agostinho Canando believes that if “Manico” holds both positions, he could set a risky precedent.
“Leaving the position as such would not be the starting point, but if he assumes both positions at the same time, later he may have to be removed and we may try to justify the unjustifiable,” says Canando.
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