Luanda - Angolan MPs disagreed Tuesday on the attribution of immunity to former vice presidents of the republic, within the framework of the debate on the Draft Law on the Statute of Former Presidents of the Republic.
Throughout the debate, deputies Mihaela Webba and Jorge Vitorino, both from National Union for the Total Independence of Angola (UNITA) party did not agree with the attribution of immunities to former vice presidents according to the draft law, considering that it violates the Constitution of the Republic.
To Mihaela Webba, if the legislator wanted to extend immunities to the vice president through the Presidential Statute, found in number 2 of article 133 of the Constitution, it would have done so in this document (Constitution of the Republic).
She said that, like the deputies (MPs), vice presidents and assistants of the Head of State, they are all relevant figures of the State, adding that “the 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 plan of guaranteeing immunity to former Vice Presidents of the Republic is not unconstitutional, but aims to provide dignity to a high position of the State.
"It seems coherent to us that there exists as a legislative option (there is no constitutional prohibition) that someone in the position of vice president of the republic can have such a dignifying status at a constitutional position", he stressed, recalling that the issue is not new, it is already part of the current law (Law 16/17) on the Statute of Former Presidents.
He considers it important to give constitutional recognition to the position of vice president soon after the end of the mandate so that it receive protection and a set of benefits established by law and not by the constitution.
Adão de Almeida also reminded that in the Angolan constitutional system, the vice-president is elected in the same way as the Head of State and is also the direct substitute of the President of the Republic.
"We are not talking about any position, we are talking about a high position of the State", he asserted.
Also in this regard, the chairman of the Committee on Constitutional and Legal Affairs of the National Assembly, Reis Júnior, reinforced that the National Assembly has permission to legislate on all matters that are not within the competence of the President of the Republic.
He said that it would not be unconstitutional to grant immunity to vice presidents, calling on deputies to work on a technical solution which, according to him, is more reasonable than excluding others.
He recalled that in the drafting of the Constitution of the Republic of 2010 by the National Assembly, it was determined that the President of the Republic should appoint the vice-president, who should exercise the position of President of the Republic until the end of the term in case of vacancy, but this was rejected by the Constitutional Court (TC).
At the time, the TC explained that for the vice president to assume the position of President of the Republic until the end of the mandate, in case of vacancy, there should be an electoral process.
According to the fundamentation report, the former presidents of the Republic as well as the vice presidents, in the end leave positions of unquestionable national leadership and of popular legitimacy, at the head of which they are supposed to remain the entire administrative office, including managing the military.
When they leave office, they have a large network of information and knowledge that makes them crucial elements of the State.
The draft law regarding the 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, which includes the spouse and minor children and assignment of a personal doctor.
It also establishes family accommodation, allocated and supported by the State, provided that the former President or Vice President of the Republic does not choose to reside in his/her own residence, in which case an annual subsidy is attributed for the maintenance of residence, protocol and support vehicle, as well as security to be provided by the State.
It also provides a work office and staff with a specific budget, end of term subsidy, personal protection including the spouse, officer to orders and diplomatic passport for the spouse and minor children.
Duties
The main duties under the Draft Law are those of secrecy and confidentiality on all matters that the Former Presidents and Vice Presidents became aware of during the exercise of the charge, in addition to the duties foreseen in the regime of State secrecy.
According to the bill, former Presidents and Vice Presidents are prevented from exercising any activity in the private sector for a period of 3 years, but this impediment does not cover teaching activities, scientific research or service provision in non-profit organizations.
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