Africa-Press – Angola. The Proposal for a Law regulating the rights and duties of former Presidents and Vice-Presidents of the Republic awaits approval in the specialty, still without prior date, with a view to updating the current norms that have already expired due to the time of experience.
According to the arguments of the proponents, the current ones need the normal revision, according to the justification report presented in the National Assembly during the 7th Ordinary Plenary Meeting of the 1st Legislative Session of the V Legislature, on Friday.
Still no date for approval in the specialty, the proposal was accepted in general with 175 votes in favour, none against and no abstention. It has 14 articles and five chapters, highlighting, among others, the scope of application, in which it is proposed that the Law be applicable to former Presidents of the Republic and former Deputies, excluding those who have been removed from office, as well as such as those who have resigned from office.
Its main duties established by law are those of secrecy and confidentiality on all matters that the former Presidents and Vice-Presidents were aware of during their tenure in office, in addition to the duties provided for in the regime of State secrecy.
The immunities are established, with the necessary adaptations, the same immunities that benefit the members of the Council of the Republic. The proposal adds that former Presidents and Vice-Presidents are prevented from carrying out any activity in the private sector for a period of three years, but this impediment does not cover teaching activities, scientific research or service provision in non-profit organizations.
The Minister of State and Chief of Staff of the President of the Republic, Adão de Almeida, explained that the purpose of this legislative initiative is to regulate the rights and duties of former Presidents of the Republic, which provides for exceptions for those who have resigned from their mandate or have been removed from office, under the terms of the Constitution.
Adão de Almeida informed that the diploma proposes the right to a lifetime subsidy, corresponding to the basic salary of the President of the Republic in office, health insurance, personal doctor, residence, protocol vehicle, security, work office, as well as end-of-term subsidy .
As for immunities, he added that the Proposed Law establishes the equivalence with members of the Council of the Republic. It also includes rules on impediments, secrecy and confidentiality, cessation and suspension of rights.
“In general, the spirit of the Law in force is maintained, seeking to provide the new law with a set of simpler solutions that guarantee the best application and, therefore, a better dignification of its recipients”, clarified the Minister of State and Chief of Staff of the President of the Republic.
Compared experiences
According to the document presented at the National Assembly, several presidential democracies have adopted legislation aimed at protecting former Presidents, in order to reduce possible damage that could be caused to the political system by ostracizing experienced former Presidents who know their States in depth. . Despite the dispersion of cases in Comparative Law, it was based on the experience of South Africa, Chile, United States of America, France and Brazil.
For example, in the Republic of South Africa, the “Remuneration Of Public Office Bearers Act, 1998” guarantees former Presidents a pension and health care entitlements, the amount of which is determined by Parliament, taking into account the recommendations of The Independent Commission For The Remuneration of Public Officers Bearers.
According to that diploma, “upon retiring, the President receives a pension and other benefits by periodic determination of Resolution of the National Assembly, after taking into account the recommendations of the Commission”. This article of the Law gives the Parliament a wide discretionary power to determine the value of pensions to be paid to former Presidents, always taking as a parameter, but not as an imposition, the recommendations of the Independent Commission.
In addition to the pension for former Presidents itself, the Law affects widows, widowers and dependents appointed by former statesmen to receive a pension after death. As in the case of the holder’s pension, it is up to Parliament to periodically determine the value of the benefit to be paid to widows, widowers or dependents.
Finally, the 1998 Law determines that the State contributes to the medical assistance of former Presidents or their dependents, in the amount to be established by Resolution of the National Assembly. Until 2008, pensions paid to former South African Presidents amounted to 75 percent of salaries paid to current incumbents.
Meanwhile, in April of the same year, legislation was amended to guarantee a pension equivalent to 100 percent of the current President’s salary. South African law and the recommendations of the Independent Commission do not guarantee the benefits envisaged to former Presidents who have not completed their terms or who hold any other office in the State after the end of their term.
declaration of vote
Deputy Helena Abel said that the UNITA Parliamentary Group justified that they voted in favor of the Proposal for the Law on the Statute of former Presidents of the Republic as they considered it pertinent, in the spirit of building a truly democratic political environment and trust between the actors politicians, these and the governed.
“More than looking at the perks of former Presidents and calling for secrecy on matters of State, this law must commit former Presidents of the Republic to becoming a moral reserve of the State and a source of knowledge. specialty improvements, which increasingly dignify the former President of the Republic”, he stressed.
He stressed that for years UNITA has been suggesting that Angolans from all fringes and strata find a forum for dialogue to discuss matters of national interest, with a view to building an environment of trust in the construction and management of the State, and it is up to them to the Statute of former Presidents of the Republic, co-founders of the post-colonial State, former combatants, among others.
“We are an African country and as good Africans we know how to honor our leaders, as they provide valuable services to the homeland. They are our heroes, living or not, regardless of some mishaps inherent to the human condition and the exercise of leadership”, he continued.
The deputy stressed that the vote means a willingness to dialogue and reach agreement with everyone on issues that support the stability of the country and its institutions, the security and confidence of individuals and families, as well as the harmony that fosters a climate of development and well-being – being common.
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