The Political Trial of President Dos Santos

There is an enormous controversy among Angolan legal experts about the ways in which President José Eduardo dos Santos could intervene in the case of the 17 youths charged with plotting to overthrow the government and assassinate him. Those ruling out a presidential intervention cite the principle of the separation of powers: the president is head of the executive and is not, therefore, able to instruct the judiciary. This argument is not valid. The principle of the separation of powers has not been enshrined in the Angolan constitution; what exists is a separation of functions or duties. (Art. 105. No 3). These have to operate inter-dependently — that is, through the constitutional mechanisms of checks and balances. This means that the president has to respect the constitution, but he can also, within the stated limits, intervene in the different power centers. He also has the duty of always defending the main […]
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