{"id":9362,"date":"2022-06-06T20:39:55","date_gmt":"2022-06-06T20:39:55","guid":{"rendered":"https:\/\/www.africa-press.net\/angola\/?p=9362"},"modified":"2022-06-06T17:41:16","modified_gmt":"2022-06-06T17:41:16","slug":"government-enters-current-management","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/angola\/all-news\/government-enters-current-management","title":{"rendered":"Government enters current management"},"content":{"rendered":"

Africa-Press – Angola. <\/strong><\/span>The President of the Republic, Jo\u00e3o Louren\u00e7o, called the next elections for the 24th of August. However, the Presidential Decree calling the elections only comes into force today.<\/b><\/p>\n

The call for general elections by the President of the Republic has legal implications for the entire electoral process.<\/p>\n

With the entry into force, as of today, of the Presidential Decree calling for the next general elections, the current Government enters into day-to-day management, until the inauguration of the new President of the Republic, to be elected on 24 August.<\/p>\n

Article 116 -A of the revised Constitution of the Republic establishes that “in the period between the electoral campaign and the inauguration of the elected President of the Republic, the current President of the Republic is responsible for the day-to-day management of the executive function, not being able to perform acts that condition or bind the exercise of governmental activity by the elected President of the Republic”, reads the rule.<\/p>\n

An article, published recently, with jurists and representatives of parties with parliamentary seats to help the reader understand how the Executive will function in this period.<\/p>\n

For the jurist Jo\u00e3o Pinto, the day-to-day management of the executive function means not being able to carry out normative, administrative or contractual acts that could compromise the future Executive. “The day-to-day management of the executive function takes place between the call for elections, electoral campaign and the inauguration of the new President of the Republic or the Government”, he explains.<\/p>\n

Executive management, according to Jo\u00e3o Pinto, corresponds to the 30-day period of the electoral campaign (Article 116(1) of the Constitution), given the call for elections, which takes place 90 days before the end of the term of office of the President in office and the deputies. , according to article 112 of the Constitution.<\/p>\n

The university professor also explains that the acts performed in day-to-day management are limited and apply, equally, to the auxiliaries of the President of the Republic, as expressed in the new article 116 -A of the Constitution of the Republic, added by the Revision Law. Constitution n\u00ba 18\/21, of 16 August. Jo\u00e3o Pinto justifies the extension of the limitation of the acts to the auxiliaries of the President of the Republic, because, in the light of the Constitution, the Angolan Executive is a one-person government.<\/p>\n

The jurist provides further clarification on the day-to-day management of the executive function. The President of the Republic “exercises his function in day-to-day management, that is, he cannot compromise the future Executive, and must only govern in twelfths. already in execution, according to article 128, n\u00ba 3 of the Constitution, in the 2010 version”. In this case, he stresses, the elections must take place within 120 days.<\/p>\n

Parliament’s legitimacy<\/b>
\nManagement governments are typical in parliamentary base models, says jurist Jo\u00e3o Pinto, who justified the option by understanding that the Executive’s legitimacy comes from Parliament.
\n“Being dissolved or at the end of the term, it should not indebted the State or compromise the future Executive”, he exemplifies.<\/p>\n

According to the deputy, this type of government was adopted because it was understood that experience showed that there was a need to discipline actions from one Executive to the next”.<\/p>\n

Another situation, he says, is the fact that the Law to Amend the Organic Law on General Elections has enshrined a rule that limited the Executive in office, so as not to inaugurate public or private works during the electoral campaign period until the inauguration, configuring a crime of electoral corruption, under the terms of paragraphs 2 and 3 of article 68 of the Organic Law on General Elections.<\/p>\n

This change, he said, resulted from the veto of the President of the Republic when approving the legislative initiative of the MPLA Parliamentary Group, which the Opposition had proposed as a requirement of “electoral truth and transparency”, and the Head of State requested the reconsideration of the diploma by the Parliament.<\/p>\n

“The MPLA Parliamentary Group agreed, as it did not see it as more than avoiding a climate of political tension during the electoral period, guaranteeing more confidence and taking into account the fact that it is the President of the Republic who heads the list of deputies, under the terms of the article 109 of the Constitution”, he maintains.<\/p>\n

The MPLA deputy also considers that the enshrinement, in the Constitution of the Republic, of the day-to-day management of the executive function generates “political embarrassment” for the current Executive, which has publicly committed itself to carrying out real estate, furniture and goods and services tasks to satisfy the voters.<\/p>\n

“Democracy is a competition where each of the contestants makes promises. By carrying out what is promised, it conveys more confidence to voters, even as it is the way to attract other young voters”, says Jo\u00e3o Pinto, for whom this is a political and legal challenge. in all democracies.<\/p>\n

“Of course, Public or Political Law is flexible and open to the social demands of the majority or fringes that, not belonging to the majority, make themselves heard, through normative or political suggestions, so that they can get their ideas across or even embarrassment for those in power, but it is a challenge accepted, which, in part, can be combined with executive management during electoral periods”, he observes.<\/p>\n

According to Jo\u00e3o Pinto, the Angolan administrative doctrine defends management governments, but never to prevent the inauguration of achievements of a winning Government Program that justifies its mandate to gain more confidence from voters.<\/p>\n

“What arises in this situation is to know whether an Executive that has been prevented from inaugurating its accomplishments, in case of losing the elections, does so after the results or will it be up to the new Executive that wins, which may usurp political prerogatives that, morally, does not deserve them or will be understood as public assets that will be the responsibility of the new Government that leads the Administration”, he exemplifies.<\/p>\n

The jurist is of the opinion that “we were too bold”, considering that this will require a schedule of public investments and their conclusion in the last 30 days before the campaign. This “will (also) require overcoming a lot of bureaucracy, improving public procurement procedures and preventive, concomitant and successive inspection by the Court of Auditors”.<\/p>\n

This is, for Jo\u00e3o Pinto, the challenge of electoral truth, transparency and public probity in matters of management of the executive function during the electoral campaign period or in the transition from one government in office to another, with the transition of mandate having to be precisely regulated. presidential election to another, whether from the same party or coalition of parties, or in a different way.<\/p>\n

“It avoids embarrassment for the future Executive with a winning Government Program and its own strategy or planning”, considers the university professor, for whom the current model is rare in consolidated democracies.<\/p>\n

Secretary-General- \u00c1varo Daniel of UNITA highlights legislative innovation
\nThe Secretary General of UNITA, \u00c1lvaro Chikwamanga Daniel, considers the rule introduced in the Constitution of the Republic regarding the management of the executive function to be a legislative innovation.<\/p>\n

“There is not, in our Constitution, an exhaustive designation of Management Government. However, an article (116th) was introduced in the recent constitutional revision that refers to the subject. It is an innovation that seeks, albeit partially, to resolve situations embarrassing as nominations and inaugurations in the middle of the electoral campaign”, he says.<\/p>\n

According to the deputy, with that rule, it is intended to impose some limitations of power on the President of the Republic. “Except in duly substantiated situations, there are no longer, in this period, legislative and executive initiatives, as they can configure the search for competitive advantages”, he says.<\/p>\n

Clearly supporting the revision introduced in the Constitution of the Republic, with the establishment of the regime for the management of the executive function, \u00c1lvaro Daniel points out the “changes” made by the former President of the Republic, Jos\u00e9 Eduardo dos Santos, in 2017, in the Defense and Security bodies , when there was already an elected President, as an example of the need for rules such as Article 116 A.<\/p>\n

“Actually, (that decision) was a way of reducing some powers of the elected President”, considers the opposition deputy, for whom, if it weren’t for his determination, Jo\u00e3o Louren\u00e7o would have lost some control of power, especially as Commander-in-Chief. in Chief of the Armed Forces.<\/p>\n

In any case, despite Jo\u00e3o Louren\u00e7o’s determination, \u00c1lvaro Daniel is of the opinion that Jos\u00e9 Eduardo dos Santos’ decision represented an “affront to the elected President and the beginning of a less good relational climate” between them.<\/p>\n

It is for this reason and not only that the Secretary-General of UNITA welcomes the introduction, in the constitutional review, of a norm that establishes the management of the executive function. “With this rule, that situation cannot happen again”, he says, referring to what he considered an affront of the former President of the Republic to the current Head of State.<\/p>\n

Rule provides for exceptions – Jurist Onofre dos Santos talks about avoiding “future burdens”<\/p>\n

The President of the Republic should limit himself to the execution of the acts of execution of the budget and programs approved during his term, says Onofre dos Santos, judge adviser to the Court Constitutional, when invited to address the issue of the day-to-day management of the Executive, before the elections.<\/p>\n

“It therefore seems logical that the President should abstain from approving programs or expenses that imply future charges, especially if they are exceptional amounts”, says the magistrate.<\/p>\n

What is intended, he clarifies, is that, at the end of his term, the President of the Republic – who in the Angolan legal system is the Holder of Executive Power – is limited to exercising his powers that do not involve the disposal of assets or the definition of new policies or strategies, but only those that respect the fulfillment of the already approved plans.<\/p>\n

For Onofre dos Santos, the recent Constitutional Revision introduces a restrictive innovation to the exercise of the powers of the President of the Republic during the period that precedes the presidential succession.<\/p>\n

During the nearly 60 days that include the 30 days of the electoral campaign, the day of the elections, plus the 10 days for the CNE to proclaim the definitive results, plus the 15 days that, at most, must mediate until the President takes office elected (Article 114(2) of the Constitution of the Republic of Angola-CRA), the outgoing President shall not perform acts that condition or bind the exercise of the activity by his successor.<\/p>\n

During this period, underlines the lawyer, the President must limit himself to acts of day-to-day management of his executive function.<\/p>\n

“The question is really to know what the President cannot do during this period of constitutional contention. Under the terms of the proposed constitutional revision, the raison d’\u00eatre of this rule ‘is to prevent the President of the Republic in functions take decisions with effect or impact in the medium\/long term, and should be limited to the practice of acts of day-to-day management’\u201d, he maintains.<\/p>\n

Onofre dos Santos stresses, however, that the rule includes exceptions.<\/p>\n

Lucas Ngonda, from FNLA “Inaugurations are normal acts and not enticement to vote”<\/p>\n

Sociologist and FNLA deputy Lucas Ngonda recalls that the general elections in Angola stem from the Constitution of the Republic and is a process of renewing mandates for government officials.<\/p>\n

That is why, for the also decent university student, “the electoral period does not open a governmental transition system with other powers”. As an example, it says that the powers constituted by the 2017 elections only end after the investiture of the new executive power from the polls.<\/p>\n

“There will not be a system of governance that begins and ends in the so-called transition. What exists are legal legal provisions that limit some acts of governance during the electoral period, for obvious reasons that have to do with respect for a situation in which all candidates must enjoy the same opportunities and leave almost on an equal footing”, he considers.<\/p>\n

The former president of the FNLA also states that, during the electoral period, the holder of the Executive Power has limited competences on certain matters, but this does not mean that a transitional government system was instituted. “State institutions are limited in taking certain decisions during this period until the election of a new Executive, in accordance with the Constitution and the Law”, he says.<\/p>\n

Lucas Ngonda also makes a reference to the inauguration of infrastructures on the eve of elections, which have been considered by many as a way of enticing the governing party to vote. For the politician, this normally happens in a society where the political education of citizens is non-existent or deficient, as is the case in Angola.<\/p>\n

“In any country where democracy works, there is usually no enticement of the vote of citizens through offers or the inauguration of infrastructures that become instruments of political propaganda in favor of the rulers or a political party with a certain economic power” , notes.<\/p>\n

For the government, he says, the construction of infrastructures and other things are normal acts of those who have the responsibility to work for the common interest.<\/p>\n

For More News And Analysis About Angola<\/a> Follow Africa-Press<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Africa-Press – Angola. The President of the Republic, Jo\u00e3o Louren\u00e7o, called the next elections for the 24th of August. However, the Presidential Decree calling the elections only comes into force today. The call for general elections by the President of the Republic has legal implications for the entire electoral process. With the entry into force, […]<\/p>\n","protected":false},"author":84,"featured_media":9361,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,8,12,16],"tags":[233,337,329],"class_list":["post-9362","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-homepage-english","category-policy","category-twitter","tag-africa-press","tag-africa-press-angola","tag-angola"],"yoast_head":"\nGovernment enters current management - Angola<\/title>\n<meta name=\"description\" content=\"The President of the Republic, Jo\u00e3o Louren\u00e7o, called the next elections for the 24th of August. 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