Ver Angola


Elections: Constitutional Court rejects UNITA appeal

The Constitutional Court dismissed the appeal filed by UNITA, stressing that the evidence presented “does not allow us to call into question the overall results” of the elections announced by the National Electoral Commission (CNE).


"The Constitutional Court concludes that the evidence presented and considered to be in compliance does not allow the global results of the national count of votes presented by the National Electoral Commission to be called into question", reads judgment 769, of 2022.

The TC invoked the law to justify the non-publication of the minutes because "the possibility of posting them in a place other than the polling stations, as well as after the publication of the general and definitive results is not allowed".

In the judgment, an external audit of the process is also refused because the TC considers that the CNE has its own mechanism and is an "independent public administration body" of the Government and is "bound by the principle of administrative legality".

In the application, UNITA asked for the correction of the mandates assigned in the provinces of Cuando Cubango, Luanda, Namibe and Zaire - which would have an impact on the national circle count -, but the TC refused because it considered that the supporting documents had a "very low quality", rejecting 3405 copies of minutes.

"It was found that a high number of photocopies and prints of the minutes delivered were not in compliance", justified the TC, which rejected other "676 photocopies and prints" that "were not considered because they do not comply with the scrutiny rules" defined in organic law.

"In view of the foregoing, the TC concludes that the evidence presented and considered to be in compliance does not allow the global results of the national tally of votes presented by the CNE to be called into question", the judgment states.

UNITA contested the electoral base, alleging the existence of 2.7 million deceased in the registers as well as several irregularities in the summary-minute model, but the TC also refused this request, because they are matters of a "procedural nature", which "does not substantially and irremediably jeopardize the general results of the elections".

In the judgment released this Thursday, approved in the plenary of ten judges, Judge Josefa Neto, appointed by the National Union for the Total Independence of Angola (UNITA), voted unsuccessful, who in her statement mentions that the most important thing would be to check the electoral truth reflected in the polls, insofar as what is at stake is the legitimation of political powers, which, he maintains, has not been achieved.

According to the judge, the CNE said, in counterclaims in this case, that it complied with the legislation. "However, the records to which I had access contradict this statement" and "I understand, therefore, that the judgment that now expires should reflect such disagreement and order the restoration of legality", in order to "give the necessary transparency to the process here in question, in favor of electoral truth", says Josefa Neto, in the declaration of vote.

The judge asked for the copies of the minutes presented by UNITA to be compared with those held by the CNE, which "would allow electoral truth to prevail at the confluence of sovereign interests at stake.

On the other hand, the magistrate insists on the validity of the "request for publication of the summary minutes on the CNE website", because this does not conflict with the general law.

Last week, CNE president Manuel Pereira da Silva released the final tabulation minutes of the August 24 general elections, which proclaimed the Popular Movement for the Liberation of Angola (MPLA) and its candidate, João Lourenço, as winners. with 51.17 percent of the votes, followed by the National Union for the Total Independence of Angola (UNITA) with 43.95 percent.

With these results, the MPLA elected 124 deputies and UNITA 90 deputies, almost double the 2017 elections.

The PRS Party and the debuting Humanist Party of Angola (PHA) each elect two deputies.

CASA-CE, the National Patriotic Alliance (APN) and P-Njango did not obtain seats in the National Assembly, which in the 2022-2027 legislature will have 220 deputies.

UNITA together with the Democratic Bloc (BD) filed a contentious electoral appeal with the Constitutional Court pointing out alleged "irregularities in the process", whose ruling was due to be made public on Thursday, when the body did not grant CASA-CE's appeal.


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