Angola - Judicial system
The legal system is based on Portuguese civil law system and customary law, recently modified to accommodate political pluralism and increased use of free markets. Prior to independence, Portuguese civil and military law was applied by municipal courts, labor courts, ordinary courts, and administrative tribunals; final appeal was to the Metropolitan High Court in Lisbon. A 1978 law declared that people's courts with working class representatives would be courts of first instance. It also made provisions for criminal, police, and labor courts with lay judges whose voices would be equal to those of professional judges.
The judicial system includes municipal and provincial courts at the trial level and a Supreme Court at the appellate level. Municipal court judges are usually laymen. In theory, the Ministry of Justice administers provincial courts located in each of the 18 provincial capitals. The Supreme Court nominates provincial court judges. The judge of the provincial court, along with two laymen, acts as a jury.
In 1991, the constitution was amended to guarantee an independent judiciary. In practice, however, the president appoints the 16 Supreme Court judges for life upon recommendation of an association of magistrates, and he appoints the attorney general. Confirmation by the General Assembly is not required.
Several issues confront the legal system. Many of the seats on the Supreme Court remain vacant, and a Constitutional Court, authorized by law in 1992, has not yet been established. In addition, the courts were crippled by the war and are perceived ineffective and untrustworthy by the few who have access to it. The system lacks the resources and independence to play an effective role and the legal framework is obsolete; much of the criminal and commercial code reflects the colonial era with modifications from the Marxist era.
In Angola very few people are aware or educated on matters relating to their rights and what the law actually is. This plays a major role on the fact that very few people seek redress from a competent court or tribunal. For example, in Namibia the Constitution is translated into all the local languages, this allows the people to know whatthe law is and how it is applied - therefore much reliance is put on the courts' capability and effectiveness. It is not possible for one to approach a court if you do not know what your rights are.
It is inherent of a legal system to report its developments. The system of the courts is also not very clear for the layperson to understand. The State does not award the Ministry of Justice the opportunity it deserves, neither does it place in its hands the importance it clearly needs.
It seems that the major pitfalls of the system are:
1. lack of knowledge and education of the people of Angola with regard to what the system is all about;
2. the corruptness of court officials;
3. the lack of clarity as to the establishment and organisation of the court and tribunals;
4. the lack of support from the State
5. the lack of training given to court officials, magistrates and judges
6. the lack of uniformity within the system itself
7. and finally, the need to fill the vacant seats of the courts with competent and well-educated people who thrive for justice.
There have been very few legal developments in the system. There has to be a clear analysis of where the courts stand within the entire State system and what and how the law should apply within this State system. The starting point in order to guarentee the Judiciary its independence would be to start with uplifting and living the true spirit of being a "democratic republic".