Angolan Supreme Court rejects people’s lawsuit to remove judge Joel Leonardo

The Angolan Supreme Court has rejected a people’s claim aimed at condemning the Supreme Council of the Judiciary (SCJ) for allegedly failing to fulfill its obligations to initiate disciplinary proceedings against the body’s president, Joel Leonardo.

The people’s lawsuit, proposed by a group of lawyers led by the current President of the Bar Association, José Luis Domingos, alleged that Joel Leonardo, as President of the Supreme Court, “allegedly diverted revenues from the national treasury.” and questioned the CSMJ’s “inaction” in the face of “serious public complaints” against the judge, who is also the CSMJ chairman.

The popular action was aimed at “demanding the pre-emptive measure of having the court order the CSMJ to stay and initiate disciplinary proceedings against the Presiding Judge of the Supreme Court and the CSMJ”, followed by the main action to take appropriate action.

However, in a refusal order dated May 22, signed by rapporteur Judge Paciencia Simão, the judge rejects the petition because she believes that the petitioners, that is, the group of lawyers, “have no right to demand the execution of the proper act.”

It is also justified that in order to recognize this action, a preliminary investigation by the administrative body is necessary, which will entail non-decision, refusal to perform the action or refusal to participate, which did not happen. .

“From a reading of the original request and its accompanying documents, it is clear that petitioners were unable to assemble any of the files they submitted to CSMJ to take appropriate action,” i.e., the suspension of Joel Leonardo and the subsequent establishment of a disciplinary process.

Thus, the applicants could not demand a conviction from the HCJ for refusing to remove the judge from office, since they had not previously formulated a request to this body, according to the order.

The petition is rejected because “the request is unlikely to be justified,” and for this it is necessary to hear the prosecutor’s office and conduct a preliminary investigation, which the judge considers justified, the conclusion is drawn.

Last September, a group of lawyers submitted a popular administrative claim to the Civil, Administrative, Tax and Customs Chamber of the Angolan CU.

According to the applicants, the facts listed in this lawsuit are in the public domain thanks to publications in digital media and “are no longer protected by judicial secrecy after they were widely publicized and received no reaction from the competent authorities.”

“In view of the serious allegations against the Honorable Chairman of the CU Joel Leonardo, what drives us in this lawsuit is not the truth or falsity of the allegations against him, but the inaction of the Supreme Council of the Judiciary (CSMJ), which has a constitutional duty to act in situations of this nature and beyond,” – they say.

Joel Leonardo, TS President and an integral part of CSMJ, is under investigation by the Attorney General’s Office for allegations of corruption, nepotism, mismanagement and other charges that have been going on for months.