Africa-Press – Angola. Angolan deputies disagreed this Tuesday over the attribution of immunity to former vice-presidents within the framework of the discussion of the Proposed Law on the Statute of Former Presidents of the Republic.
Throughout the debate, deputies Mihaela Webba and Jorge Vitorino, both from UNITA, opposed the attribution of immunities to former vice-presidents in the proposed law under consideration, with the argument that such a precept violates the Constitution.
For congresswoman Mihaela Webba, if the constituent legislator wanted to extend the vice president’s immunities to the Presidential Statute, contained in number 2 of article 133 of the Constitution, it would have done so in the magna charter.
He added that, like the deputies, vice-presidents and assistants of the holder of the Executive Power, they are all relevant figures of the State, “but the constituent legislator only wanted to attribute this special status to the President of the Republic”.
In reaction, the Minister of State and Chief of Staff of the President of the Republic, Adão de Almeida, clarified that the Proposal to guarantee immunity to former Presidents of the Republic is not unconstitutional, but aims to give dignity to a high function of the State.
“It seems coherent to us that it exists as a legislative option (there is no constitutional prohibition) that someone in the position of vice-president of the Republic has a status of dignifying their constitutional position”, he stressed, recalling that the theme is not new, it already appears in the law in effect 16/17, on the Statute of Former Presidents.
He said it was important that, for the constitutional dignification of this function of vice-president of the Republic, once his mandate ended, he also enjoyed a certain protection and a set of perks and rights defined by law and not by the Constitution.
Adão de Almeida also argued that in the Angolan constitutional system the vice-president is elected under the same terms as the President of the Republic. He is also the direct and immediate substitute for the President of the Republic.
“We are not talking about any function, we are talking about a high function of the State”, he pointed out.
Also in this regard, the chairman of the Committee on Constitutional and Legal Affairs of the National Assembly, Deputy Reis Júnior, maintained that the National Assembly has the legitimacy to legislate on all matters that are not within the competence of the President of the Republic.
“It will not be unconstitutional to attribute immunities to the vice presidents, he said, advising fellow legislators to enter into a technical solution, “which is more reasonable than excluding the positions of others.”
He recalled that in the making of the 2010 Constitution, by the National Assembly, it had been determined that the President of the Republic would appoint the vice-president and that he could occupy the position of PR, until the end of the mandate, in case of vacancy, whose assumption would come to be rejected by the Constitutional Court (TC).
The TC claimed, at the time, that the vice-president to exercise the position of PR until the end of the mandate, in case of vacancy, had to be elected.
According to the justification report, the former Presidents of the Republic and vice-presidents leave positions of unquestionable national leadership and popular legitimacy, in which they were at the head of the entire administrative machinery of the State, including the military.
When they cease, they have with them a large network of information and knowledge that makes them fundamental elements of the State.
The Bill, in implementation and development of article 133 of the Constitution, establishes, among other rights, a lifetime monthly subsidy, corresponding to the base salary of the President and Vice-President of the Republic in office, health insurance, extended to the spouse and minor children and personal doctor.
It also establishes family housing, allocated and supported by the State, provided that the Former President or Vice President of the Republic does not choose to live in their own residence, in which case an annual subsidy is attributed for the maintenance of the residence, protocol and support vehicle , provided and assisted by the State and security, guaranteed by the competent State bodies.
It also includes a working office and staff supporting the office, with the respective budget, end-of-term allowance, personal protection, extended to the spouse, official at orders, diplomatic passport, extended to the spouse and minor children.
Duties
The main duties established by the Proposal are those of secrecy and confidentiality on all matters that the Former Presidents and Vice-Presidents became aware of during their tenure in office, in addition to the duties provided for in the regime of State secrecy.
Former Presidents and Vice-Presidents are prevented from exercising any activity in the private sector for a period of 3 years, but this impediment, according to the proposal, does not cover teaching activities, scientific research or service provision in non-profit organizations.
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