The ruling of the TC, which was published this Thursday on its official website, confirms a group of militants from the National Union for the Total Independence of Angola (UNITA), who requested the nullity of the congress, invoking various irregularities.
Among the alleged irregularities is the dual nationality of Adalberto da Costa Júnior on the date of submission of his candidacy for the elections of the XIII Congress.
The ten UNITA militants intended to challenge the candidacy of Adalberto da Costa Júnior, who allowed his election as third president of the "Black Rooster" party at the XIII Congress, held in November 2019, succeeding Jonas Savimbi and Isaías Samakuva, claiming that the The process was "riven with vices", since Costa Júnior was not eligible for the position on the date he applied.
They claimed that the "fraudulent election" of Adalberto da Costa Júnior "harmed the candidate supported by the applicants, who was in second place (Alcides Sakala)", hence their interest.
"Since the lack of electoral capacity is an incurable vice, the candidacy must be annulled and, as a consequence, the situation it would find itself in if the act had not been practiced must be restored, discarding all acts carried out a posteriori", they argued.
The ruling, signed by seven counselor judges, gave reason to the applicants in several of the assumptions considered, namely the nullity of the candidacy of Adalberto da Costa Júnior, despite the defeated vote of judge Josefa Neto.
In this sense, the candidacy process was also declared null, which had five candidates "for violation of the principles of legality, the competence of internal bodies and the democratic organization and functioning of political parties and the eligibility of the president".
Therefore, and because this process represents a "significant organizational phase of the Congress, without which the conclave would not exist", held between November 13 and 15, 2019, the TC declared the XIII Ordinary Congress of 2019 and "further acts practiced in the election and appointment of individual and collegial bodies".
UNITA should thus "maintain the order of composition, competence, organization and functioning resulting from the central management elected at the XIII Ordinary Congress of 2015", concludes the judgment.
Judge Josefa Neto highlighted in her explanation of vote that the selection of Adalberto da Costa Júnior's candidacy, by the UNITA standing committee, "in addition to not materializing any violation of the principle of legality, is fully accepted in light of the principle of autonomy, a corollary of the freedom of organization and functioning of political formations".
The magistrate also considered that the decision on this matter constitutes "not only a violation of the aforementioned principle of autonomy, but also of the principle of minimal intervention by the Constitutional Court, which is equally necessary to safeguard the autonomy of political parties".
The judge added that Adalberto da Costa Júnior began the process of losing Portuguese nationality even before the presentation of his candidacy for the presidency of UNITA, with this request for resignation the materialization of "an expression of will, which materializes the exercise of individual freedom ".
In this sense, Josefa Neto pointed out that Adalberto da Costa Júnior was not "ineligible" at the time of submission of the candidacy, and the evidentiary document was presented within the deadline set for that purpose by the standing committee.
