HISTORY
1-FOUNDATION
The Angolan Bar Association was proclaimed on 20 September, 1996 at the "Palácio dos Congressos" in Luanda.
The proclamation ceremony was anticipated by the approval of the By-Laws of the Angolan Bar Association through Decree no. 28/96 of 13 September of the Council of Ministers (Official Gazette no. 39, First Series, 1996) and followed by elections to occupy the posts as provided for in the By-Laws.
The election of the President, the National Council and the Luanda Provincial Council of the Angolan Bar Association for the first three years (1996/1999) took place on 16 November, 1996.
Established in 1926, the activities of the Bar Association of the former colonial power - Portugal - have never been extended to the so-called "Overseas" provinces, notwithstanding the professional claims by the lawyers then exercising their profession in Angola. For this reason, advocacy in the country before independence was mainly characterized as follows:
a) free exercise of the profession;
b) Registration of the lawyers in the Luanda Court of Appeal; and,
c) Ethical-deonthological control and disciplinary competence of the Judges.
After independence, Law no. 9/82 of 18 February of the Standing Committee of the People's Assembly (Parliament) came into force, abolishing the private exercise of advocacy and establishing "a new system of advocacy based on the functioning of collective law offices". Under this system, the lawyers:
a) were to depend on the Ministry of Justice from the administrative point of view;
b) were to be subject to the competence of the National Council of Advocacy from the disciplinary, methodological and technical-professional point of view. The National Council of Advocacy was an organ insufficiently representing the lawyers;
c) were to be independent in the exercise of their profession.
Following the professional claims of the Angola lawyers and the new legal-constitutional framework established by the Second Republic, the National Assembly approved Law no. 1/95 of 6 January. This Law liberalized the exercise of advocacy, conferred more representativeness to the professional class and provided it with disciplinary functions.
It was the National Council of Advocacy which, within a period of one year, led the process for the institutionalization of the Angolan Bar Association. To this end, the following activities can be singled out:
a) Coordination of the process leading to the preparation of the draft By-Laws;
b) Organization of the General Assembly of Lawyers to discuss the draft By-Laws;
c) Discussion of the draft By-Laws with the Ministry of Justice;
d) Presentation and defence of the draft By-Laws at the Council of Ministers;
e) Establishment of the necessary measures for the promulgation and official publication of the approved By-Laws;
f) Printing and publication of the By-Laws in the form of a booklet;
g) Organization of the proclamation ceremony of the Angolan Bar Association;
h) Organization of the electoral process, such as:
- approval by the General Assembly of Lawyers of a project for Electoral Rules and Regulations;
- establishment of an electoral committee; and,
- organization of the elections.
i) Organization of the inauguration ceremony for the members of the organs of the Bar Association.
2 . CHARACTERISTICS OF THE SYSTEM OF ADVOCACY
Advocacy in Angola is a "liberal" or free profession within an organizational system similar to the one existing in "Continental Europe" and where the regulatory and discipline functions incumb upon the Angolan Bar Association in its capacity as a public professional corporation.
Only practicing lawyers and lawyers on probation registered with the Bar Association can undertake consultancy, represent and exert judicial sponsorship inherent to the profession throughout the national territory and before any jurisdiction, authority, or public or private body.
3. NATURE AND CHARACTERISTICS OF THE BAR ASSOCIATION
Within the category of professional corporations, the Angolan Bar Association is an Association of Public Law (public corporate body) with corporate entity and autonomy;
It is a form of autonomous public administration as a consequence of the redelivery of powers of the State;
Its establishment took place on a legal basis following discussions with, and approval by, the professional class (its By-Laws were approved by Decree no. 28/96 of 13 September of the Council of Ministers and published in the Official Gazette no. 39, First Series, 1996);
Unicity: The Bar Association is unique for the professional class of lawyers throughout the national territory;
Obligation to be registered with the Bar Association: The registration is a pre-requisite for the exercise of the profession and the Bar Association has the legal-deonthological control of the registrations (no lawyer can practice law in Angola unless he/she is registered with the Angolan Bar Association);
The Bar Association is independent from the organs of the State and enjoys administrative, financial and patrimonial autonomy;
It is an open institution, without numerus clausus, to all professionals fulfilling its legal and statutory requirements;
It is autonomous in terms of Regulations and Discipline;
It has its own revenues (from taxes and quotas freely set), without prejudice to donations and subsidies from public or private institutions;
The definitive and executory acts made by the Bar Association in the exercise of public functions are administrative deeds susceptible of contentious administrative remedy (of mere legality) such as the acts of the administration of the State - (no. 3, Article 5, of the By-Laws;
Deconcentrated organization with two levels: national level (General Assembly, President and National Council) and provincial level (Provincial Councils and Delegates), where administrative and disciplinary competencies co-exist (national and provincial Councils);
The Bar Association is presided over by a President, a uninominal organ elected by the associates in General Assembly.
4.1 Defence of the Right to Justice
* To defend the values of the Democratic State of Law and the rights, liberties and the individual guaranties of the citizens;
* To collaborate in the administration of Justice;
* To promote the access to the knowledge and application of the law and contribute to the development of a culture of law;
* To contribute to the improvement of the elaboration of the law (power to make proposals and participate in the legislative process);
* To undertake consultation activities with the organs participating in the legislative processes "lato sensu". The advice of the Bar Association shall be sought in all matters of interest to the exercise of advocacy, application of justice and legal sponsorship in general;
* To organize the provision of legal assistance to citizens without financial capacity to pay for the services of a lawyer.
4.2 REPRESENTATION AND DEFENCE OF THE PROFESSION
* Ensure the social function, dignity and prestige of the profession;
* Defend the interests, rights, prerogatives and immunities of the lawyers;
* Strengthen the solidarity among lawyers;
* The representation and defence of the profession against external factors is done through public stands, claims, expositions, advices, consultations, representation in public organs, and liaison with other institutions.
4.3 SUPPORT TO MEMBERS
* Establishment of conditions to have access to legal information and culture (namely through its Documentation and Information Center and the Library);
* Technical and professional, as well as ethical-deonthological, training;
* Miscellaneous
4.4 REGULATION OF THE PROFESSION
44.1 Regulations to have Access to the Profession
* Regulations of the Registration process;
* Regulations for apprenticeship;
* Legal-deonthological control of the registrations (checking academic requirements and the apprenticeship, control of the incompatibilities and analysis of the moral reputation);
* Professional titleship (granting of identity cards to lawyers on probation and practicing lawyers);
* Organization of the professional registration (with external functions of publicity and protection of the good faith of the citizens with respect to professional qualification and associative effects as the preparation of the electoral books);
4.4.2. Regulation of the exercise of the profession
* Establishment of standards of professional conduct (v.g. regulation of verdicts, professional dressing, limitative norms of professional competition in terms of publicity);
* Vigilance on the professional exercise;
* Monitoring of the illegal exercise of the profession by non-registered lawyers and of the exercise of advocacy by foreigners legally interdicted to exert the profession in the country;
* Give lauda over fees.
4.4.3 Discipline of the Profession
* Establishment of ethical-deonthological standards;
* Establishment of the Disciplinary Regulation;
* Exercise of the disciplinary function (with application of fines ranging from admonition to the definitive prohibition of the exercise of the profession);
4.5. International Cooperation
* Adherence to international lawyer organizations;
* Cooperation with similar foreign, regional and international organizations;
* Participation in international fora on the exercise of the profession, the Law and the Justice.
