"It's a question that has to do with justice, with the court, and we don't make big comments about it. What we can say is that it's a challenge for justice itself because we know it's a case with several episodes", said Patrice Trovoada.
The head of government, who was speaking after a 24-hour official visit to Rwanda, reaffirmed that it is important to let the court do its work without interference, but admitted that justice actors and the government cannot ignore what is said about the controversy.
On Tuesday, the Sao Tome Constitutional Court (TC) unanimously decided to return the Rosema brewery to Sao Tome businessmen and politicians António and Domingos Monteiro, known as "the Monteiro brothers", four years after the factory was returned to the businessman Angolan judge Mello Xavier by decision of recently retired judges.
The Rosema case is one of the most controversial involving Justice and São Tomé politics.
Ownership of the company has alternated in recent years between the Monteiro brothers and Angolan businessman Mello Xavier due to contradictory decisions by judges, which reach the courts elected by parliamentary majorities.
Patrice Trovoada said he did not believe that an alleged letter sent by businessman Mello Xavier to the President, João Lourenço, could affect relations with São Tomé and Príncipe.
"People are free to express themselves, free to write, free to appeal. It is not a state-owned company [...] it is a complex issue that should not affect relations between states. We leave it in the hands of justice," commented the head of the Sao Tome government.
Patrice Trovoada underlined that São Tomé and Príncipe "is a country that has its laws", emphasizing that one of the pillars of democracy is the independence of justice.
"Justice has acted. We will let it do its job without major comments", he underlined.
Urging a reaction to recent statements by the Angolan ambassador in São Tomé and Príncipe, Fidelino Peliganga, who stated that the Angolan Government is concerned with the decision of the São Tomé Constitutional Court and promises to defend the interests of the businessman, Patrice Trovoada insisted that it is necessary to let justice work.
"This case is a complex case, it is an old case and it really suits anyone who is not inside the cases, within their details, it really suits us not to make judgments, in fact to let justice work", reacted the Prime Minister of Sao Tome.
However, Patrice Trovoada underlined that it is necessary to "draw attention" to the justice system which, "due to its credibility, its proper functioning", influences the attraction of foreign investment to the country "and also the nationals themselves to take the risk in business practice".
The Prime Minister assured that the Government's mission is to carry out reforms to improve justice and produce effects, namely in people's confidence in justice and in the speed of the justice system.
He also underlined that the Government expects the company Rosema to produce and create jobs and pay its taxes, and that the investor, whether national or foreign, "invests safely in what he is doing and also safely in what is the justice system".
Also reacting to the São Tomé opposition leader's accusation that the Government is allegedly involved in this process by promoting illegality, Patrice Trovoada said: "The MLSTP always has to try to remain silent to avoid that we start talking about one and the other".
Government concerned about withdrawal of Rosema brewery from Angolan businessman
It should be recalled that on Friday, the Government of Angola said it was concerned about the decision of the São Tomé Constitutional Court that withdrew the Rosema brewery from the Angolan Mello Xavier, and promised to defend the interests of the businessman, as announced by the Angolan ambassador in the capital Sao Tome.
Fidelino Peliganga expressed his concern to the president of the São Tomé Supreme Court of Justice and of the Superior Council of Judicial Magistrates, Silva Gomes Cravid, at the end of a courtesy meeting held on Wednesday at the seat of that court.
"I did not fail to express my concern as Angola's ambassador here in relation to this issue, which is an issue that surprised us and that is making us worried", said Fidelino Peliganga.
The Sao Tome Constitutional Court (TC) unanimously decided to return the Rosema brewery to Sao Tome businessmen and politicians António and Domingos Monteiro, known as the "Monteiro brothers", four years after the factory was returned to Angolan businessman Mello Xavier by decision of recently retired judges, said a court source.
The Angolan ambassador recently accredited to the Sao Tome authorities said that the Angolan Government will do everything to defend the interests of his country's businessman.
"That is our obligation. We are here representing the Angolan State, the Angolan Government and in that capacity we will do everything to defend the interests of Angolans here in São Tomé and in cases like this, which are the interests of businessmen who made investments in us we will defend", underlined Fidelino Peliganga.
The restitution of the factory to the Monteiro brothers is expressed in judgment 4/2023 of the São Tomé Constitutional Court unanimously approved in a process of uniformity of jurisprudence requested by the company Solivan, Lda. of the Monteiro brothers.
"If there are two contradictory decisions on the same claim, the one that was final and unappealable in the first place will be fulfilled", reads one of the articles of the TC's decision.
The Rosema case is one of the most controversial involving Justice and São Tomé politics. Ownership of the company has alternated in recent years between the Monteiro brothers and Angolan businessman Mello Xavier due to contradictory decisions by judges who reach the courts elected by parliamentary majorities.
At the beginning of May 2019, the Court of Lembá – the district of São Tomé where the factory is based – decided to return Rosema to businessman Mello Xavier, which was previously owned by the Monteiro brothers.
On May 23, a group of TC judges decided to hand over Rosema to the Monteiro brothers, in default of the then president of the body, Pascoal Daio, but the decision was never applied and the judges who signed the judgment 1/2019 were dismissed positions, following a disciplinary procedure.
The Monteiro brothers filed a new appeal, however rejected by the Constitutional Court.
The most recent decision of judgment 4/2023 of 11 July was unanimously approved by the five judges of the TC, four of them sworn in three weeks ago after being elected by parliament on the recommendation of the parties that support the current São Tomé government, namely Ação Independent Democratic Party (ADI) and the Independent Citizens' Movement-Socialist Party/National Unity Party (MCS-PS/PUN) coalition led by the Monteiro brothers.
On Wednesday, the Prime Minister of São Tomé, Patrice Trovoada, questioned by the press after having participated in the central act of commemoration of the Independence Day of São Tomé and Príncipe, in the city of Guadalupe, assured that the Government will not interfere in this process.
"If justice decided, it thought it was good to worry about this issue, it is within the jurisdiction of justice and we are not going to comment, nor interfere, nor assume responsibilities (...) it is really a matter of justice and we let the bodies to act in total independence and without any interference", he underlined.
