Sao Tome and Principe 1975 Constitution (reviewed 2003) - Page 4 of 6

Table of Contents

PART III. ORGANIZATION OF POLITICAL POWER

Title I. General principles

Article 66. Political participation of the citizens

The participation and direct and active involvement of citizens in the political life constitutes a fundamental condition of consolidation of the Republic.

Article 67. Organ of political power

The formation, the composition, the competence and the functioning of the organs of political power are those defined in the Constitution and in the law.
No organ of political power may delegate its powers to other organs, except in the instances and in the terms expressly foreseen in the Constitution and the law.

Article 68. Organs of Sovereignty

Organs of Sovereignty are:

President of the Republic
National Assembly
Government
Courts

Article 69. The principle of the separation and interdependence of powers

Sovereign bodies shall observe the principles of separation and interdependence laid down in the Constitution.
No organ that exercises sovereignty and no organ of regional or local government may delegate its powers to other organs, except in the cases and under the circumstances expressly provided for in the Constitution and the law.

Article 70. Normative acts

Legislative acts are laws, decree-laws, decrees, regional decrees and regional executive decrees.
The laws and decree-laws are of equal value, subject to their subordination to the corresponding provisions of the published decree-laws in terms of the use of legislative authorization and the provisions that serve to develop the general basis for the legal regimes.
Regional decrees and regional executive decrees deal with matters of specific interest to the Autonomous Region of Príncipe which are not reserved to the National Assembly or to the Government, and they may not contain provisions contrary to the fundamental principles of the Republic’s general laws.
The decree-laws and decrees deal with matters concerning the organization and functioning of government.
The general laws of the Republic are those laws and decree-laws whose raison d’être involves unconditional application throughout the national territory.
No law can create other categories of legislative acts or grant other types of acts the power to, with external effectiveness, interpret, add to, modify, suspend or revoke any of their precepts.
The regulations shall specify the laws whose purpose it is to regulate or define the subjective and objective competence to their introduction.

Article 71. Referendum

Citizens with voting rights who are registered in the national territory, except as provided in paragraph 3 of Article 17, may be called upon to vote directly, with binding effect, in a referendum, by decree of the President of the Republic, on the proposal of the National Assembly or the government in matters for which they are competent, in the cases and in the terms contemplated in the Constitution and in the law.
The referendum can relate only to matters of national interest that should be decided by the National Assembly or by the Government through the adoption of an international convention or legislative act.
Specifically excluded from the scope of the referendum are amendments to the Constitution, the matters contemplated in Article 97 of the Constitution and questions and measures relating to the budget, tax and finance.
Each referendum shall only address one matter, and questions shall be formulated in terms of a yes or no, objectively, clearly and precisely worded, with a maximum number of questions to be fixed by law, which will also determine the other conditions for the drawing up and holding of referendums.
The convening and holding of referendums between the date of convening and holding general elections for government bodies, members of the Regional Assembly of Príncipe and local government bodies is not permitted.
The President shall submit to mandatory prior review of the constitutionality and legality the proposed referendum that has been submitted by the National Assembly or by the Government.
The rules on the election of members to executive bodies shall apply, with the appropriate changes.
Referendum proposals that are rejected by the President of the Republic or are voted against by the electorate cannot be repeated in the same legislative session, unless a new National Assembly is elected, or until the Government is dismissed.

Article 72. Incompatibility

The functions of the President of the Republic are incompatible with any other public or private office.
The functions of Deputy to the National Assembly, members of Government and of head of local power organs are subject to the incompatibilities established in the law.

Article 73. Oath of Office

Upon being empowered in their offices, the heads of organs of the State make the following oath:

“I swear, by my honor, to fulfill an ensure the fulfillment of the Constitution and the laws, to defend the national independence, to promote the economic, social and cultural progress of the Sao Tomean people and to perform with all loyalty and dedication the functions which are entrusted to me.”

Article 74. Control and Responsibility

The heads of organs of political power have the duty of maintaining the citizens and their organizations informed concerning public affairs, remaining subject to democratic control exercised through the forms of political participation established in the Constitution and the law.
Members of bodies with political power have political, civil and criminal liability for the actions and omissions committed in the exercise of their functions.

Article 75. Deliberations of collegial organs

The deliberations of the collegial organs of political power are taken in harmony with the principles of free discussion and criticism and the acceptance of the will of the majority.

Article 76. Publication of acts

The law determines the forms of publication of the laws and of the other acts of political power.
The lack of publication of the laws implies their legal inefficacy.

Title II. President of the Republic

Article 77. Duties

The President of the Republic is the Chief of State and the Supreme Commander of the Armed Forces, represents the Democratic Republic of São Tomé and Príncipe, guarantees the national independence and ensures the regular operation of the institutions.

Article 78. Election and assumption of office

The President of the Republic is elected by universal, free, direct and secret suffrage.
Eligibility for election as President of the Republic is open only to Sao Tomean citizens of origin, the children of a Sao Tomean father or mother, who are over 35 years of age and have no other nationality, and who, in the three years immediately preceding the date of their candidature, have been permanently resident in the national territory.
The elected President of the Republic shall take office before the National Assembly on the last day of the term of the outgoing President or, in the case of an election resulting from the position having been vacated, on the eighth day following publication of the election results.

Article 79. Mandate

The President of the Republic is elected for five years.
In the instance of vacancy, the election of the new President of the Republic will take place ninety days subsequent and he shall begin a new mandate.
Re-election for a third consecutive term of office, or during the five-year period immediately following the end of the second consecutive mandate, is not permitted.
If the President of the Republic resigns, he cannot run in the next elections, nor can he run during the five-year period immediately following his resignation.

Article 80. Competences

The President of the Republic has the competences for:

Defending the Republic’s Constitution;
Exercising the functions as Supreme Commander of the Armed Forces;
In accordance with electoral legislation, to set the date for elections for President of the Republic, for the National Assembly and for regional and local Assemblies;
Convening a national referendum and declaring the date on which it will be held;
Promulgating laws, decree-laws and decrees;
Granting pardons and commuting sentences after consulting with the Government;
Declaring a state of siege or emergency, after consulting with the Government and after obtaining authorization from the National Assembly;
Authorizing involvement by the São Tomé Armed Forces in peacekeeping operations abroad or the presence of foreign armed forces in the national territory, at the Government’s proposal, after consulting with the Council of State and with the consent of the National Assembly;
Asking the Constitutional Tribunal to carry out a prior review of the constitutionality or legality of legal provisions and international treaties;
Conferring State honors.

Article 81. Competences in relation to other bodies

As regards other bodies the President of the Republic has the following:

To chair the Council of State;
To chair the Higher Defense Council;
To chair the Council of Ministers, at the request of the Prime Minister;
To convene extraordinary meetings of the National Assembly whenever compelling reasons of public interest justify this;
To dissolve the National Assembly, in observance of the provisions of Article 103, and after consulting with the political parties that have seats in the National Assembly;
To send messages to the National Assembly;
To appoint the Prime Minister, after consulting with the political parties, with the consent of the National Assembly and taking the election results into account;
To appoint and dismiss members of the Government, at the proposal of the Prime Minister;
To dismiss the Government, in accordance with Article 117;
To appoint three members to the Council of State;
To appoint a Judge for the Constitutional Court;
To appoint and dismiss the Attorney-General of the Republic, on the proposal of the Government.

Article 82. Competence in international relations

In the area of international relations the President of the Republic has the following competences:

To represent the State in international relations;
To ratify international treaties, once they have been duly approved;
To declare war and make peace, on the proposal of the Government, after consulting the Council of State and with the authorization of the National Assembly;
To appoint and dismiss ambassadors, on the proposal of the Government, and to accredit foreign diplomatic representatives;
In consultation with the Government to conduct the whole negotiation process for concluding international agreements in the area of defense and security.

Article 83. Promulgation and veto

The bills approved by the National Assembly and submitted to the President of the Republic must be promulgated by the latter, within a time limit of 15 days beginning on the day of its receipt.
In case the promulgation is not confirmed, the bill will be reviewed by the National Assembly and if a favorable vote of the qualified majority of the deputies is obtained, the President must promulgate it within the space of eight days.
The normative acts of the Government referred to in subparagraphs c) and d) of Article 111 will be regarded as legally non-existent if, within twenty days of their receipt, they are not promulgated or signed by the President of the Republic.

Article 84. Decision-making

In the exercise of his powers and competence, the President of the Republic determines the form of the Presidential Decree.

Article 85. Absence from the national territory

The President of the Republic may not absent himself from the national territory without assent of the National Assembly or of its Permanent Commission, if the former is not in session.
Assent is dispensed with in the instances of travel not of official character not longer than five days, however the President must give prior advice of it to the National Assembly.
Failure to observe the provision of paragraph 1 will automatically result in the loss of office in accordance with the respective process, as defined by law.

Article 86. Criminal liability

For crimes committed in the exercise of his duties, the President of the Republic will be answerable to the Supreme Court.
The initiative for bringing criminal proceedings rests with the National Assembly on the proposal of one fifth of its Members and a resolution adopted by a two-thirds majority of its Members.
A criminal sentence shall result in removal from office and the impossibility of re-election.
For crimes committed outside the exercise of his duties the President of the Republic shall be answerable to an action brought before the common courts after ending his mandate.

Article 87. Interim substitution

During the temporary incapacitation of the President of the Republic, as well as during the vacancy of the office until the inauguration of the new President elect, the President of the National Assembly or should he be incapacitated, his substitute, shall assume the duties.
While exercising on an interim basis the duties of President of the Republic, the mandate as Deputy of the President of the National Assembly or of his substitute is suspended automatically.
The acting President cannot exercise the powers contemplated in subparagraph f) of Article 80 and subparagraph e) of Article 81.

Title III. Council of State

Article 88. Definition and Composition

The Council of State is the political body that advises the President of the Republic.
The Council of State is presided over by the President of the Republic and is made up of the following members:
1. The President of the National Assembly;
2. The Prime Minister;
3. The President of the Constitutional Court;
4. The Attorney-General of the Republic;
5. The President of the Regional Government of Príncipe;
6. Former Presidents of the Republic who have not been removed from office;
7. Three citizens of recognized suitability and merit, appointed by the President of the Republic for the period corresponding to the duration of its mandate;
8. Three citizens elected by the National Assembly, in accordance with the principle of proportional representation, for the period corresponding to the term of the legislature.

Article 89. Installation and term of office

The members of the Council of State are empowered by the President of the Republic.
The members of the Council of State contemplated in subparagraphs a) and e) of paragraph 2 of the preceding article retain their positions for as long as they exercise their respective duties and those contemplated in subparagraphs g) and h) remain in effect until their replacements assume the duties in question.

Article 90. Functioning and competence

Council of State meetings are not public.
The Council of State has the following duties:
1. To draw up its regulations;
2. To pronounce on the dissolution of the National Assembly;
3. To pronounce on dismissal of the Government when this is necessary for ensuring the correct functioning of democratic institutions;
4. To pronounce on the declaration of war and the making of peace;
5. To pronounce on treaties that involve restrictions on sovereignty and the participation of the country in collective security or military international organizations;
6. To pronounce on the participation of the Armed Forces on operations abroad or the presence of foreign armed forces in national territory;
7. To pronounce on other cases contemplated in the Constitution and, in general terms, to advise the President of the Republic in the exercise of his duties when requested to do so.
The deliberations of the Council of State are not of a binding nature.

Article 91. Form and publication of deliberations

The Council of State’s deliberations assume the nature of opinions.
The opinions of the Council of State contemplated in subparagraphs b) and e) of paragraph 2 of Article 90 are announced at the meeting convened for that purpose by the President of the Republic and are made public when the action to which they refer is undertaken.

Title IV. National Assembly

Article 92. Role

The National Assembly is the highest representative and legislative organ of the State.

Article 93. Composition and election

The National Assembly is composed of elected Deputies, within the terms of the law.
The Deputies represent all the people, and not just the electoral circles by which they are elected.
The number of members of the National Assembly is fixed by the law.

Article 94. Powers of the Deputies

The Deputies have, by designation, the following powers:

Discuss all questions of national interest;
Introduce bills, of resolution and of motion;
Question the Government; orally or in writing;
Propose the establishment of commissions of inquiry.

Article 95. Immunities

No Deputy may be inconvenienced, pursued, detained, imprisoned, judged or condemned for votes and opinions he may make during the exercise of his duties.
Except in the instance of flagrante delicto and for a crime punishable by imprisonment and by consent of the National Assembly or of its Permanent Committee, Deputies may not be pursued or imprisoned for crimes committed outside their duties.

Article 96. Rights, prerogatives and duties

The rights, privileges and duties of Deputies are regulated by the law.
The Deputy who is gravely missing his duties may be removed from the National Assembly, by secret vote, by a majority of two-thirds of the sitting Deputies.

Article 97. Competence

The National Assembly is charged with:

Proceeding to constitutional revision;
Making laws and voting resolutions and motions;
Bestowing legislative authority on the Government;
Ratifying the decrees-law expedited by the Government through its use of legislative authority;
Naming and dismissing in the terms of law, the judges of the Supreme Court of Justice;
Granting amnesties;
Approving the State’s Budget;
Approving the plans for development and their respective law;
Auditing the accounts of the State relative to each fiscal year;
To approve treaties relating to the matters of law contemplated in Article 98, the treaties that involve the participation of São Tomé and Príncipe in international organizations, treaties of friendship, peace and defense, as well as any others which the Government desires to submit to it;
Evaluating and approving the Government’s plan and controlling its execution;
Proposing to the President of the Republic the dismissal of the Prime Minister;
Authorizing the President of the Republic to declare a state of siege or of emergency;
Authorizing the President of the Republic to declare war and to make peace;
Oversee the fulfillment of the Constitution and of the laws and evaluate the acts of the Government and of the Administration;
Evaluating, modifying or annulling legislative bills or any measures of regulatory character adopted by the organ of political power which may contradict the present Constitution;
Exercising the other functions which may be committed to it by the Constitution and by the law;
Voting motions of confidence in or censure of the Government.

Article 98. Reservation of legislative competence

The National Assembly has exclusive power for legislating on the following matters:

Citizenship;
The personal and political rights of citizens;
Elections and other forms of political participation;
Judicial organization and status of judges;
State of siege and state of emergency;
The organization of national defense;
Property sectors of means of production;
Taxes and fiscal systems;
Expropriation and requisitioning for the public benefit;
Monetary system;
The definition of crimes, penalties and security measures and criminal prosecution;
The general organization of State Administration, except for the provisions of subparagraph c) of Article 111;
The statutes regulating officials and the civil liability of the Administration;
The organization of local authorities;
The status and capacity of persons.

Article 99. Legislative and Parliamentary Procedure

Legislative initiative is reserved to the Deputies and to the Government;
The deliberations of the National Assembly assume the form of laws, resolutions and motions.

Article 100. Legislative authorizations

The National Assembly may authorize the Government to legislate, by decree-law, on the matters contemplated in Article 98.
The legislative authorization must specify its purpose, its extent and its duration.
When the legislative term comes to an end and there is a change of Government, this marks the end of the legislative powers granted.

Article 101. Ratification of decrees-laws

The decrees-laws published until one month before each legislative session, in exercise of its delegated legislative authority, are considered ratified if, in the first five plenary sessions of the National Assembly subsequent to their publication, no Deputy requires they be submitted for ratification.

Article 102. The Legislature

The legislature has a term of four years and begins with the swearing in of all its members.

Article 103. Dissolution

The National Assembly may be dissolved in the event of severe institutional crisis that prevents its normal functioning, when this is necessary for the correct functioning of democratic institutions; for this purpose the act must first obtain a favorable opinion from the Council of State, otherwise it will not be valid.
The National Assembly cannot be dissolved in the twelve months following its election, during the last six months of the mandate of the President of the Republic or while a state of siege or state of emergency is in force.
Failure to observe the provisions of the preceding point will result in the legal non-existence of the dissolution decree.
Dissolution of the National Assembly does not adversely affect the mandate of its Members, nor the jurisdiction of the Permanent Committee, until the first meeting of the National Assembly following subsequent elections.

Article 104. Internal organization

The National Assembly approves its by-laws and elects, at the first meeting of each legislature, its President and the other members of its council.
The National Assembly creates permanent committees specialized by reason of subject matter and may institute contingent committees to occupy themselves with issues to be determined.

Article 105. Sessions

The National Assembly meets in two ordinary sessions per year, one of which is dedicated specifically to evaluating the report of the activities of the Government and to the discussion and voting of the Budget of the State for the following fiscal year.
The National Assembly may meet extraordinarily in the instances prescribed in its By-laws or at the convocation of the President of the Republic.

Article 106. Presence of members of the Government

The members of the Government may take part and speak in the plenary sessions of the National Assembly, in the terms of the By-laws.

Article 107. Permanent Committee

The Permanent Committee of the National Assembly functions outside periods of effective functioning of the National Assembly, during the period in which it finds itself dissolved and in the remaining instances set forth in the Constitution.
The Permanent Committee is presided over by the President of the National Assembly and composed of the Vice Presidents and by Deputies prescribed in the By-laws.
The Permanent Committee is charged to:
1. Follow the activity of the Government and of the Administration;
2. Exercise the powers of the Assembly relative to the mandates of the Deputies;
3. Promote the convocation of the Assembly whenever such be necessary;
4. Prepare the opening of the Assembly sessions;
5. Give assent to the absence of the President of the Republic from the national territory.

Title V. Government

Article 108. Duties

The Government is the executive and administrative organ of the State, with responsibility to conduct the overall policy of the State.

Article 109. Composition

The Government is composed of the Prime Minister, of the Ministers and of the Secretaries of State.
The Prime Minister is the Head of Government, with responsibility for directing and coordinating its action and ensuring the execution of the laws.

Article 110. Designation

The Prime Minister is appointed by the President of the Republic, after consulting with the political parties represented in the National Assembly, in view of the election results.
The Ministers and Secretaries of State are nominated by the President of the Republic, at the proposal of the Prime Minister.
The appointment as Prime Minister is open only to citizens of Sao Tomean origin, the children of a Sao Tomean father or mother, and who have no other nationality.

Article 111. Competence

The Government’s powers are:

To define and implement political, economic, cultural, scientific, social, defense and security activities and foreign relations, as recorded in its Program;
To prepare the development plans and the General State Budget and to ensure their correct execution;
To legislate, by means of decree-laws, decrees and other regulatory acts, in matters to do with its own organization and functioning;
To enact decree-laws in areas reserved for the National Assembly, with the latter’s authorization;
To negotiate and enter into international agreements and conventions;
To exercise legislative initiative before the National Assembly;
To run the State Administration, coordinating and monitoring the activities of Ministers and other central Government bodies;
To make proposals for appointment of the Attorney-General of the Republic;
To appoint those who are to hold high civil and military positions in the State;
To propose to the National Assembly the involvement of Sao Tomean Armed Forces in peace operations in foreign territory or when foreign Armed Forces are present in national territory;
To propose to the President of the Republic that matters of significant national interest subjected to a referendum, in accordance with the provisions of Article 71;
To exercise administrative supervision over the Autonomous Region of Príncipe and on local authorities in accordance with the law;
To appoint and dismiss the President of the Regional Government and the Regional Secretaries;
To dissolve the Regional and District Assemblies, observing the principles defined by law.

Article 112. The Council of Ministers

The Council of Ministers comprises the Prime Minister and the Ministers.
The Secretaries of State may be required to attend meetings of the Council of Ministers.
The duties of the Government contemplated in subparagraphs a), c), d), f), h), i), j), k), m) and n) of the preceding Article are exercised in the Council of Ministers.
There may be a Council of Ministers specializing in a given subject.

Article 113. Political responsibility

The Government is politically responsible before the President of the Republic and the National Assembly.

Article 114. Responsibility of the Members of Government

The Prime Minister is accountable to the President of the Republic and, in the context of the Government’s political responsibility, to the National Assembly.
The Ministers and Secretaries of State are accountable to the Prime Minister and, in the context of the Government’s political responsibility, to the National Assembly.

Article 115. Criminal liability of Members of the Government

A Member of Government who is definitively charged with a crime committed in the exercise of his duties punishable by a prison sentence of over two years is suspended so that the proceedings can take their course.
In the event of a definitive charge for a crime punishable by a prison sentence of up to two years, the National Assembly must decide whether or not the Member of Government is to be suspended for that same purpose.

Article 116. Consideration of the Government’s Program

The Government’s Program is subject to consideration by the National Assembly by means of a statement by the Prime Minister, within a maximum of thirty days following its appointment.

Article 117. Dismissal of the Government

The following will result in dismissal of the Government:
1. The beginning of a new legislature;
2. Acceptance, by the President of the Republic, of a notice of resignation from the Prime Minister;
3. The death or lasting physical incapacity of the Prime Minister;
4. Rejection of the Government’s Program;
5. Failure to obtain approval in a vote of confidence;
6. Approval of a no-confidence motion by an absolute majority of the Deputies of the National Assembly in office.
Apart from the cases mentioned in the preceding paragraph, the President of the Republic may dismiss the Government when this is necessary to ensure the regular functioning of democratic institutions, after consulting the Council of State.

Article 118. Managing Government

If the Government is dismissed, it will continue to serve until the appointment and assumption of office by the Prime Minister of the new constitutional Government.
Before its Program is considered by the National Assembly, or after its dismissal, the Government’s activities will be limited to those actions that are strictly necessary for the ongoing management of public affairs and for ordinary administration.

Article 119. Ministerial solidarity

The members of the Government are bound to the Government’s program and to the deliberations taken in the Council of Ministers.

Title VI. The Courts

Article 120. Jurisdictional Function

The courts are sovereign organs with the power to administer justice on behalf of the People.
In the administration of justice it is incumbent upon the courts to assure the defense of the legally protected rights and interests of the citizens, to settle public and private conflicts of interest and to repress the violation of the laws.
The law may institutionalize non-judicial instruments and ways for settling conflicts.

Article 121. Independence

The courts are independent and are subject only to the laws.

Article 122. Decisions of the courts

The decisions of the courts are founded upon the cases and in the terms prescribed in the law.
The decisions of the courts are obligatory for all public and private entities and prevail over those of any other authorities.

Article 123. Hearing of the courts

The hearings of the courts are public except when the court itself decides to the contrary, in well-founded decision, in order to safeguard the dignity of the individuals and of the public moral or to guarantee their normal operation.

Article 124. Participation of the People

The law presupposes and stimulates appropriate forms of popular participation in the administration of justice.

Article 125. Judges’ guarantees

Judges are unremovable and cannot be transferred, suspended, retired or dismissed except unless in situations provided by law.
Judges cannot be held responsible for their decisions, save for the exceptions prescribed in the law.

Article 126. Category of Courts

In addition to the Constitutional Court, there are the following categories of Courts:
1. The Supreme Court of Justice and the Court of First Instance, the Regional Court and the District Courts;
2. The Court of Auditors;
There may also be military and arbitration courts.
The law determines the cases and the forms in which the courts contemplated in the preceding paragraphs may be established, organized and function.

Article 127. Supreme Court of Justice

The Supreme Court of Justice is the highest judicial tribunal of the Republic and it is responsible for watching over the harmony of jurisprudence.

Article 128. Criminal courts

The existence is prohibited of courts meant exclusively for adjudication of certain categories of crimes.
Excepting themselves from the provisions of the prior number are the military courts, with whom resides the judgment of essentially military crimes defined by law.

Article 129. Oversight of constitutionality

In the deeds submitted to judgment, the courts cannot apply norms which infringe upon what is provided in the Constitution or in the principles consecrated therein.
The question of unconstitutionality may be raised obligingly by the court, by the Justice Department or by any of the parties.
Admitted a question of unconstitutionality, the case goes to the Constitutional Court, which will decide.
The decisions taken in the matter of unconstitutionality by the Constitutional Court shall have general binding force and shall be published in the Diário da República.

Article 130. Public Prosecutor’s Office

The Public Prosecutor’s Office oversees the rule of law, represents the public and social interest in the courts and is in charge of the penal system.
The Public Prosecutor’s Office is organized as a hierarchical structure under the direction of the Attorney-General of the Republic.

Title VII. Constitutional Court

Article 131. Definition

The Constitutional Court is the court with specific competence for administer justice in matters of a constitutional-law nature.
The Constitutional Court meets whenever there is a matter requiring its judgment.

Article 132. Composition and Statutes of Judges

The Constitutional Court is composed of five Judges, appointed by the National Assembly.
Three of the appointed Judges must be chosen from among magistrates, and the others from among jurists.
The mandate of the Constitutional Court Judges is for a term of five years.
The President of the Constitutional court is elected by the respective Judges.
The Constitutional Court Judges enjoy the guarantees of independence, permanence, impartiality and freedom from liability.
The law establishes the immunities and other rules relating to the status of the Constitutional Court Judges.

Article 133. Competence

The Constitutional Court has competence for assessing unconstitutionality and illegality, in accordance with the provisions of Articles 144 et sequitur.
The Constitutional Court also has competence for:
1. Verifying the death and permanent physical incapacity of the President of the Republic, and to verify cases in which he is temporary prevented from exercising his functions;
2. Verifying the removal from office of the President of the Republic, in the cases contemplated in paragraph 3 of Article 85 and paragraph 3 of Article 86;
3. Pronouncing judgment in the last instance regarding the correctness and validity of actions performed in the election process, in accordance with the law;
4. Verifying death and declaring incapacity to perform presidential duties on the part of any candidate for President of the Republic, for the purposes of paragraph 2 of Article 78;
5. Verifying the legality of the setting up of political parties and their associations, assessing the legality of their names, signs and symbols, and ordering their respective disbandment, in accordance with the provisions of the Constitution and the law;
6. Verifying in advance the constitutionality and legality of national, regional and local referendums, including assessment of the requirements relating to the respective universe of electors;
7. At the request of Members of the National Assembly , and in accordance with the provisions of law, judging appeals in response to dismissals and elections carried out in the National Assembly and in Regional and Local Assemblies;
8. Judging actions brought to challenge elections and the deliberations of political parties against which the law permits appeals.
It is also the duty of the Constitutional Court to exercise other functions that are granted to it by the Constitution and the law.

Article 134. Organization and Operation

The law establishes the rules relating to the venue, organization and operation of the Constitutional Court.

Title VIII. Public Administration

Article 135. General Principles

The Public Administration seeks the prosecution of the public interest, in the respect for the legally protected rights and interests of the citizens and by the constitutional institutions.
The Public Administration shall be structured so as to avoid bureaucratization, to bring the services to the populations and to ensure the participation of those interested in its effective management.
The law establishes the rights and guarantees of those managed, specifically against acts which harm their legally protected rights and interests.

Title IX. Organ of Local Power

Article 136. Duties

The organs of local power constitute the organized expression of the specific interests of the local communities where the Sao Tomean people dwell.
The organs of local power support themselves through the initiative and the creative capacity of the populations and act in close collaboration with the participatory organizations of the citizens.
The regional and local authority bodies have finances and assets of their own, in accordance with the law.

Article 137. Autonomous Region of Príncipe

The Island of Príncipe and the islets that surround it constitute an Autonomous Region, with political and administrative statutes of their own, taking their specific nature into account.
The Regional Assembly and the Regional Government are bodies of the Autonomous Region of Príncipe.

Article 138. Local governments

The Democratic Organization of the State comprehends the existence of local governments, such as Organs of Local Power, in accordance with the Law of Political-Administrative Division of the Country.
The local governments are collective territorial persons possessing representative organs which seek the pursuit of the particular interests of the respective populations without losing the participation of the State.

Article 139. District bodies

The organization of local authorities in each District consists of an elected District Assembly with deliberative powers and a collegial executive body, called District Council.

Article 140. Composition and election of District Assemblies

The number of members of each District Assembly is fixed by the law.
The members of the District Assemblies are elected by universal, direct and secret ballot of the resident citizens.

Article 141. Mandate

The members of the District Assemblies are elected for three years and may have their mandate revoked by popular initiative, in the terms of the law.

Article 142. District Council

The District Council, composed of a chairman and town councilors, is a district collegiate executive body elected from amongst the members of each District Assembly.
The District Council is politically accountable to the District Assembly and may be dissolved at any time, in accordance with the law.

Article 143. Competence of the regional and local authority bodies

In general terms the regional and local authority bodies have the following duties:
1. To promote the fulfilment of basic needs in their respective communities;
2. To implement development plans;
3. To give impetus to the activities of all companies and other entities that exist in their respective context, with a view to increasing productivity and the economic, social and cultural progress of their people;
4. To present to the political authority bodies of State all the suggestions and initiatives aimed at the harmonious development of the autonomous region and the districts.
The specific duties and modus operandi of these bodies are fixed by law.