The 2021 constitutional revision in Angola has brought about substantial changes to the country's electoral laws, aimed at preventing the extension of presidential terms and ensuring a peaceful transfer of power. The revision, which was introduced through the Law on Constitutional Revision (Law No. 18/21, of August 16), has redefined the eligibility rules for top executive positions. This move has been hailed as a significant step towards consolidating democracy and the rule of law in Angola.
One of the key changes introduced by the revision is the extension of the same eligibility rules to both the President and the Vice-President. According to Article 110(2)(b) of the Constitution, former Presidents who have served two terms are no longer eligible to hold public office. Furthermore, Article 131(4) states that all the eligibility rules and impediments applicable to the President also apply to the Vice-President. This effectively blocks any attempts to use the Vice-Presidency as a backdoor to perpetuate power.
The new constitutional provisions have made it clear that a former President who has served two terms cannot be elected as Vice-President. This means that if a President were to vacate the office, the Vice-President would assume the position, but a former two-term President could not be nominated as Vice-President. The Constitutional Court, as the guardian of electoral legality, is bound to reject any such nomination.
Contrary to public speculation at the time of the constitutional revision, the changes introduced in 2021 have not created a loophole for a third presidential term. In fact, the revision has strengthened the constitutional provisions to prevent such attempts. The introduction of explicit rules on eligibility and the revocation of Article 132(2) have closed the gaps that could have allowed for a "President-Successor" or "Vice-President in transition".
The current constitutional framework in Angola prohibits any attempt to engineer a return to power for President João Lourenço as Vice-President. Once his second term is over, he will be immediately ineligible to hold public office. Any attempt to include his name on an electoral list for the Vice-Presidency would be unconstitutional and would require a deep revision of the Constitution, rather than a simple reinterpretation of the current text.
The post-2021 constitutional architecture in Angola has established rigid eligibility criteria, effectively blocking any attempts to perpetuate power at the top of the executive. By extending the same restrictions to the Vice-Presidency as those applicable to the President, the Constitution has established an insurmountable barrier to continued rule, safeguarding the principles of democratic alternation and the rule of law.
The changes introduced by the 2021 constitutional revision have been hailed as a significant step towards consolidating democracy in Angola. By closing the loopholes that could have allowed for the extension of presidential terms, the revision has ensured that the country's democratic institutions are stronger and more resilient. The constitutional provisions have provided a clear framework for the transfer of power, ensuring that Angola's democracy is more secure and less prone to manipulation.
Key points
- The 2021 constitutional revision in Angola has effectively blocked attempts to extend presidential terms or manipulate the system for a third mandate.
- The revision has introduced explicit rules on eligibility, extending the same restrictions to the Vice-Presidency as those applicable to the President.
- The current constitutional framework in Angola prohibits any attempt to engineer a return to power for President João Lourenço as Vice-President.
