At issue is the fact that the Superior Council for the Judiciary (CSMJ) appointed Carlos Cavuquila, convicted in two cases involving public funds, to occupy the vacancy of advisor judge reserved for jurists of merit, one of which has already become final.
In the document that Lusa had access to, the activist and director of the whistleblowing website Maka Angola exposes what he considers to be the "illegality of the appointment", stressing that the statute of judicial magistrates determines as a requirement for entry into the judiciary the moral suitability and civic life and that this act jeopardizes the constitutional order and the democratic State based on the rule of law.
Rafael Marques claims that Carlos Cavuquila "does not pass" the civic and moral suitability test "before the public or before a reasonable observer", noting that the judge is facing two lawsuits for embezzlement of public funds, having already been convicted in one of them, which "naturally creates a public perception of unsuitability".
A position that was also taken by the Plenary of the Court of Auditors which, on May 8, considered Cavuquila unsuitable to be part of a selection jury for judges, for having been condemned by that court to return 29 million kwanzas, a process whose execution is pending in the court of Luanda.
In another case, from the 2nd chamber of the Court of Auditors, Cavuquila allegedly embezzled 1.5 billion kwanzas.
"There is no doubt that Carlos Cavuquila does not meet the legal, moral and ethical requirements to be a judge, so his appointment is illegal", concludes Rafael Marques, who presented the application as a "civic and democratic participation".
"It is up to the Attorney General's Office to choose the appropriate mechanism to carry out said annulment", he requests, asking that the appointment be annulled due to "illegality".
Carlos Cavuquila was appointed to this position on June 16 and took office three days later, after passing a curriculum competition.
In the report sent to the PGR, Rafael Marques stresses that the responsibility for the appointment is shared between the CSMJ, which "must select someone who meets the legal, moral, ethical and public probity requirements", while the President of the Republic "should not appoint and give possession to someone convicted and with ongoing proceedings in the courts".
