Rafael Marques argues, in this action to which Lusa had access, that the appointment and taking office of Carlos Cavuquila violates constitutional principles and the Statute of Judicial Magistrates.
Carlos Cavuquila, sentenced by the Court of Auditors (TdC) to return 29 million kwanzas to the State, in a process whose execution is pending in the Provincial Court of Luanda, was appointed on June 16th by the Superior Council of the Judiciary (CSMJ) to the vacancy of TS judge advisor.
Another process is also underway in the 2nd Chamber of the TdC that holds Carlos Cavuquila, sworn into office by President João Lourenço, responsible for the embezzlement of 1.519 billion kwanzas, indicating that the defendant must return the funds to the State and face sanctioning processes, as Rafael Marques remembers.
The journalist, director of the Maka Angola website, emphasizes that the Statute of Judicial Magistrates is clear when it determines that "moral and civic suitability" is a requirement for entry to the Judiciary, noting that, given the facts, Carlos Cavuquila "does not pass the test of civic and moral integrity".
"It should not be said that Carlos Cavuquila was not convicted by any criminal court and that only in that case he would be prevented from assuming office. This is not what the Statute of Judicial Magistrates determines. The exclusion determined by the statute is broader", states the popular action, in which he is represented by lawyer José Luís Domingos.
According to the document, the magistrate "convicted of misusing public funds discredits the judiciary, at a time when the fight against corruption was made State policy, and rightly so."
The CSMJ "violated the law by appointing someone who does not have the moral and civic integrity required by article 40 of the Statute of Judicial Magistrates. It would have been a prerequisite for the appointment of the council to assess this item", highlights Rafael Marques.
The President of the Republic, observes the Angolan activist, in addition to having the discretionary power to appoint or not appoint the person indicated by the council, "has also, and above all, under the terms of article 180 of the Constitution, to ensure compliance of the laws. That's what he didn't do."
"Before making the political decision whether or not to follow the CSMJ's recommendation – a decision that the President of the Republic is free to take, it is repeated – the same President of the Republic must assess the legality of the proposals presented to him, and at that point that his power is linked. He must remove illegal appointments", he argues.
He even considers that the President of the Republic "maintained the previous illegality" of the CSMJ by "failing to assess the legality" of the act.
Rafael Marques' administrative popular action comes as a result of the subscriber having delivered on July 10th a legal participation to the Attorney General of the Republic with a view to taking legal measures regarding the appointment of Carlos Cavuquila, a participation that "to date has not been obtained any reaction."
The Constitutional Court recently rejected, through ruling no. 843/2023, a judicial request from the Angolan Bar Association (OAA) which pointed out "illegalities" in the appointment of the aforementioned judge and the consequent annulment of the act.
The Constitutional Court ruled that the OAA's claim was rejected due to the "lack of prior ordinary proceedings".
The appointment and inauguration of Carlos Cavuquila, who was previously national director of Registries and Notaries and municipal administrator of Cacuaco (Luanda), has been contested in various civil society and political circles.
