Ver Angola

Defense

Judges bring legal action against the president of the Superior Council of Magistracy

The Association of Judges of Angola (AJA) announced this Monday that it will advance this week with a lawsuit to "impugn" the decision of the president of the Superior Council of the Magistracy that appointed staff for training in Portugal "without the opinion of the plenary.

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The nominal list of magistrates was made by the president of the Supreme Court (TS) and, by inherence of functions, of the Superior Council of the Judiciary (CSMJ), Joel Leonardo and, according to the AJA, the initiative "was not appreciated" by the plenary of the CSMJ.

"In 48 hours we will file a petition with the court. We will move forward and our expectation is that this act carried out will be suspended so that things can be done legally, that is, suspend the effectiveness of the act carried out by the venerable presiding judge," said this Monday the president of the JSA, Adalberto Goncalves.

In a statement to Lusa, the person in charge said that the greatest concern of the JSA is the fact that the decision, on issues related to the training of magistrates, "is the competence of the plenary of the CSMJ and not the presiding judge" of the Magistracy.

In a letter recently made public, the CSMJ's presiding judge, Joel Leonardo, sent the Attorney General a nominal list of six judges for training in Portugal, scheduled to begin on January 8, 2021.

Daniel Modesto Geraldes, Antónia Kilombo José Damião, Joaquim Fernando Salombongo, Pedro Nazaré Pascoal, Amélia Jumbila Isaú Leonardo Machado and Nazaré Sílvio Inácio António are the Angolan judges nominated for the said training.

"This question, in concrete terms, about the decision of who would be the people who should do the formation, should be taken in a meeting of the CSMJ plenary and as far as we know, at least in the document in which it was published, no reference is made to a resolution of the CSMJ plenary," the president of the EYA stressed.

From the social networks it is commented that the judges appointed for training in Portugal are allegedly people close to the president of the CSMJ, among "family and friends".

"On the contrary" what has been reported in the social networks, observed Adalberto Gonçalves, "we do not have any issue contrary to the fact that close people are included in the list, relatives of the venerable presiding judge.

"Our perspective of approach is another, that is, we look at the competencies of the president of the CSMJ and the different organs that make up the Magistracy," he noted.

"Therefore, from there we understand that the act is already wounded because the CSMJ has several organs, it has the plenary, which is a collegial organ, we have the permanent commission, the inspection and as a singular organ the president of the CSMJ," he explained.

And "the competences related to the formation are from the plenary and since there is no reference to it we understand that it is a decision that was taken by the venerable presiding judge and that is not correct", he insisted.

According to the president of the EYA, the lack of establishing "objective criteria" for the choice of magistrates for training is another concern of the body he leads, recalling that there are new and old magistrates on the list.

"Because we have a number of other magistrates who are trainers at the National Institute of Judicial Studies (INEJ), for some years now, who would also eventually be interested in participating in this training of trainers but who did not have this opportunity to submit their application, to apply is because no criteria were set before selection," he lamented.

Adalberto Gonçalves also stated that the news of "considerable negative impact" on the judiciary, registered in 2020, "stains" this power of sovereignty "by being the guarantor of the democratic state and law, is the last moral reserve of society.

Last week, the EYA referred this protest to the plenary of the CSMJ.

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