“This measure is clearly unconstitutional insofar as it violates article 127 of the Civil Service Law,” a source close to Domingos Feca, the union leader of TS employees who was fired from the institution, told Lusa today.
According to the source, the dismissal measure should never be applied to Domingos Feca, mainly because he is a union representative, a factor that acts as a mitigating factor, hence the lawyer for the target will appeal the measure in court.
"And there is another mitigating circumstance in this law, which is, if there is a single mitigating circumstance, the measure to be applied to the offender is immediately lower, therefore dismissal would never come to pass and that is for now the first unconstitutionality", he stressed.
The source also said that at no time had Domingos Feca extrapolated the limits of freedom of expression, considering that the measure of the supreme court violates the freedoms of conscientious objection and participation in public life, all provided for in the Angolan Constitution.
The Supreme Court dismissed Domingos Feca for criticizing the legal power on social media. According to the punitive order certificate from the Angolan TS, which Lusa had access to, Domingos Feca was constituted as an arguido following a disciplinary procedure instituted against him.
The TS reports that the 2nd class law clerk also published, from August 26 to September 15, 2022, through his Facebook social network account, “unfounded accusations and insinuations that discredit” the country's judicial power.
“When political power takes judicial power to bed, the result is this: legal aberration and excrement. When the political power pays to get involved with the legal, this is what it really is… prostitution”, this was the publication of the union leader, reproduced by the Angolan supreme as the basis of disciplinary action.
According to Vital Moreira and Carla de Marcelino, the order argues, “such restrictions aim to safeguard national security and public order, which can be undermined with offenses, unfounded accusations, insinuations, eventually discrediting the targeted public institutions”.
After analyzing the proposals of the investigator of the process in relation to the measure to be applied, “in view of the seriousness of the offense committed and considering the aggravating circumstances, I apply the disciplinary measure of dismissal, provided for in the Basic Law of Civil Service”, it also refers in the dispatch.
The source, quoted by Lusa, also said that Domingos Feca does not mention the names of institutions or individuals in his publications and that they are the result of an ethics book by the target, who said he had a calm heart and a rested mind.
For the source, the measure imputed to the union leader of the Angolan Supreme Court "results from an old persecution" in which the court "is being used to reach him".