4. Resignation shall not have the same effect as the relinquishment referred to in
Article 116 of this Constitution and it may not give rise to an appeal for the
withdrawal of the procedure for removal from office under the terms of the
following Article.
Article 129
(Removal from office of the President of the Republic)
1. The President of the Republic may be removed from office in the following
circumstances:
a) For the crimes of treason and espionage;
b) For the crimes of subordination, fraudulent conversion of public money
and corruption;
c) Due to permanent physical and mental incapacity;
d) As the holder of an acquired nationality;
e) For heinous and violent crimes, as defined in this Constitution;
2. The President of the Republic may also be removed from office for the crime
of violating the Constitution when a serious threat is made against:
a) The democratic state and the rule of law;
b) State security;
c) The regular functioning of institutions.
3. The Supreme Court shall be responsible for hearing and ruling on the
criminal procedures referred to in Point 1(a), (b) and (e) of this Article which
are instigated against the President of the Republic.
4. The Constitutional Court shall be responsible for hearing and ruling on the
procedures for the removal of a President of the Republic from office which
are referred to in Point 1(c) and d) and Point 2 of this Article.
5. The procedures for criminal liability and removal of a President of the
Republic from office referred to in the previous points shall observe the
following:
a) The initiation of proceedings must be duly justified and shall be the
responsibility of the National Assembly;
b) The proposal to initiate proceedings shall be presented by one third of the
Members in full exercise of their office;
c) The decision shall be approved by a two-thirds majority of Members in
full exercise of their office and the respective communication or
application for proceedings must afterwards be sent to the Supreme Court
or Constitutional Court, as appropriate.
6. These proceedings must take absolute priority over all others and must be
heard and decided within a maximum period of one hundred and twenty days
commencing on the date on which the appropriate application is received.
47/93
www.comissaoconstitucional.ao