Luanda - The Constitutional Court (TC) on Monday rejected the UNITA injuction request, due to alleged irregularities during the national tabulation of the results of the general elections of 24 August.
In an official decision released the same day, the TC clarifies that UNITA’s injuction requested the court to declare inefficiency of the national tabulation report that defines the definitive election results published by the National Electoral Commission (CNE).
The Constitutional Court states that it checked if the request was in accordance with the formal procedures regarding the admission of the measure, as well as the requirements for the granting of a preliminary injunction.
With that, the Constitutional Court concluded that UNITA used an expedient that due to its quick and supplementary nature is reserved by law for situations when there are no other ways to protect the rights allegedly being offended.
The court checked also that the inefficiency of the national tabulation report on the definitive results intended by UNITA is covered by the rules of the electoral law “which establishes its own procedure and a quick deadline”.
On the other hand, the Constitutitutional Court considered that the request also does not comply with the cumulative requirements for the issuing of an injunction, namely the founded fear or danger of delay.
He also clarified that this situation is embodied in the fact that the suspensive effect, which is granted by law to electoral litigation, protects the request for ineffectiveness of the tabulation report of electoral results.
In other words, the TC adds that the injunction is mobilized when there are no other more expeditious means to protect the useful effect of the action, taking into account its quick nature.
However, it noted that UNITA had already filed an appeal for electoral litigation to the same court the day before, which “reflects the facts and claims” reproduced in the precautionary measure (injuction) intended by the proponent.
Meanwhile, according to the definitive results published by the CNE, the MPLA won the general elections with 51.17%, resulting from 3.209,429 votes, followed by UNITA with 43.95% resulting from 2.756,786,000 votes.
With these results, the MPLA elected 124 MPs, while UNITA 90 MPs. Three other political forces namely the FNLA, PRS and PHA, won two MPs each.
The Angolan Parliament has 220 members.
