Sao Tome and Principe 1975 Constitution (reviewed 2003)

PART V. FINAL AND TRANSITIONAL PROVISIONS

Article 156. Supreme Court of Justice—Accumulation of functions of the Constitutional Court

1. Until the Constitutional Court is legally established, responsibility for the administration of justice in the area of constitutional-law nature matters shall rest with the Supreme Court of Justice, which will have the following duties:
   1. To assess unconstitutionality and illegality, in accordance with Article 144 to 150 ;
   2. To exercise the duties contemplated in Article 133.
2. The decisions of the Supreme Court of Justice, in constitutional-law nature matters, are not open to appeal and are published in the Diário da República, which shall have generally binding effect, in abstract and concrete review processes, when judgment is pronounced on unconstitutionality.

Article 157. The Supreme Court of Justice—Composition until the Constitutional Court start functioning

1. As long as it exercises the functions of the Constitutional Court, the Supreme Court of Justice shall be made up of five judges appointed for a term of four years, in accordance with the provisions of the following paragraphs, namely:
   1. Three Judges from the Supreme Court of Justice;
   2. One Judge appointed by the President of the Republic, from among magistrates or eligible jurists;
   3. One Judge elected by the National Assembly from among the eligible jurists, by means of a two-thirds vote of the Members present, provided their number exceeds the absolute majority of Members actually in office.
2. Only nationals of well-established merit who are law graduates and have the full enjoyment of civil and political rights at the date of appointment, under the terms of this Article, and who have engaged in professional judicial activities, or in any other legal activity, for at least 5 years, and who fulfil the other legal requirements, may be appointed as the Supreme Court judges.

Article 158. Legislation in force on the date of National Independence

Legislation in force on the date of National Independence remains transitorily in effect in all that may not be contrary to the present Constitution and to the remaining laws of the Republic.

Article 159. Date of the Constitution

The Constitution of the Democratic Republic of São Tomé and Príncipe has 5 November 1975 as the date on which it was approved in a joint meeting of the Political Bureau of the MLSTP and the Assembly in the process of being set up, published in the Diário da República, no. 39 of 15 December 1975.

The First Text of the Constitutional Law, no. 1/80, published in the Diário da República no. 7, of 7 February—First Constitutional Revision.

The Second Text of the Constitutional Law, no. 2/82, published in the Diário da República no. 35, of 31 December 1982—Second Constitutional Revision.

The Law on Amendment of the Constitution, no. 1/87, of 31 December—published on the fourth Supplement to the Diário da República no. 13, of 31 December 1987.—Third Constitutional Revision.

Third Text of the Constitutional Law no. 7/90, published in the Diário da República no. 13 of 20 September 1990—Fourth Constitutional Revision.

Fourth Text of the Constitutional Law no. 1/2003, published in the Diário da República no. 2, of 29 January 2003—Fifth Constitutional Revision.

Article 160. Coming into force

1. This Constitution comes into force on the thirtieth day following its publication in the Diário da República, except for what is provided in the following.
2. The provisions found in articles 80, 81 and 82 shall come into force on the date on which the next elected President of the Republic takes office.
3. Until the date on which the articles contemplated in the preceding paragraph come into effect, with regard to the duties of the President of the Republic, those articles shall be replaced by a single article 80 which will read as follows:”Art. 80 (Competence)

   The President of the Republic has the following duties:

   a) To defend the Constitution of the Republic;

   b) To direct the country’s foreign policy and to represent the State in its international relations;

   c) To direct the defense and security policy;

   d) In observance of the electoral law, to set the date for elections of the President of the Republic, of the National Assembly and of the Assemblies with Regional and Local Power;

   e) To convene extraordinary meetings of the National Assembly whenever there are compelling reasons of public interest to do so;

   f) To send messages to the National Assembly;

   g) To appoint, empower and dismiss the Prime Minister;

   h) To appoint, dismiss and empower the other Members of Government, on the proposal of the Prime Minister, and to invest them;

   i) To preside over the Council of Ministers whenever he decides to do so;

   j) To appoint and dismiss the Attorney-General of the Republic on the proposal of the Government;

   k) To appoint and dismiss ambassadors;

   l) To accredit foreign ambassadors;

   m) To promulgate laws, decree-laws and decrees;

   n) To grant pardons and commute sentences;

   o) To dissolve the National Assembly, observing the provisions of article 103, and after consulting with the political parties having seats in the National Assembly;

   p) To declare a state of siege and emergency;

   q) To declare war and make peace;

   r) To award State honors;

   s) To exercise the other duties conferred on him by law.”