Powers and Organs of the State

PART TWO

Chapter I  Powers and Organs of the State

Item 30: State power shall be exercised by:
  1. The president of the Republic;The Ministerial Council;
  2. The House of Commons;
  3. The Judiciary;
  4. And other organs instituted in compliance with the constitution.
Chapter II  The President of the Republic

Item 31:  (Constitutional law No. 1/1995 of 17 January).
The President of the Republic shall be the Head of State; he shall be the symbol of national unity and shall represent the Nation. He shall be elected by a relative majority of the votes cast through direct, equal and secret universal suffrage.

The law shall determine the conditions of the electoral process.

Item 32: (Constitutional law No.1/1995 of 17 January)
The person of the Head of state shall be inviolate and the law shall define his privileges and immunity during his term of office.

Item 33:  (Constitutional law No. 1/1995 of 17 January)
The following requirements shall have to be fulfilled to become president of the republic:

   1. Be an Equato-Guinean by birth;
   2. Enjoy civic rights;
   3. Live in the country since 5 years;
   4. Be capable of interpreting the constitution;
   5. Be elected in accordance with the constitution and other laws;
   6. Have between the ages of 40 and 75 years;
   7. Not have another nationality.

Item 34: The president of the Republic shall be elected for a term of office of 7 (seven) years renewable.

Presidential elections shall be announced on the seventh year of the term of office of the president of the Republic at a date set by decree and adopted by the Ministerial council.

The elections shall be held 40 days before the expiry of the term of office of the president of the Republic or later, but within 70 days after the announcement of the date.

Item 35: The President of the Republic shall, upon election, be sworn in 30 days after the proclamation of results, and shall take the oath of office before the August presence of members of parliament and the Supreme Court meeting in solemn session.

Where the winner of the elections belongs to a political party with a minority in the assembly, the president of the Republic appoints a new government.

Item 36: (Constitutional law No. 1/1995 of 17 January)
The president of the Republic shall determine the politics of the nation, arbitrate and model the normal functioning of all institutions of the state. His authority shall extend over the national territory.

Item 37: The president shall exercise statutory authority in the Ministerial council.

Item 38: (Constitutional law No. 1/1995 of 17 January)
The President of the Republic shall sanction and promulgate laws as provided by the constitution. He shall exercise the right to veto as provided under article 79 of the constitution.

Item 39: (Constitutional law No. 1/1995 of 17 January)
The President of the Republic shall equally exercise the following:

   1. Guarantee the strict implementation of the constitution, the functioning of state institutions and continuity of the state.
   2. Convene and preside over the Ministerial Council.
   3. Dictate in the Ministerial Council the decrees and laws as provided under article 64 (1) of the present constitution.
   4. He shall head the Armed Forces.The President of the Republic shall guarantee the security of the state beyond the frontiers.
   5. He shall declare war and conclude peace.
   6. He shall appoint the prime Minister as provided by the constitution. He shall ratify the decision of Parliament on its elections and president, as well as other members of the bureau in conformity with the constitution and the by-laws of the Assembly.
   7. He shall appoint and revoke high civil and military officials and may delegate the prime minister to appoint other civil and military officials.
   8. He shall negotiate ratify international treaties and agreements in accordance with the constitution.
   9. He shall confer the decorations and honorary distinctions of the Republic.
  10. He shall exercise the right of demency.
  11. He shall convene general elections as provided by the constitution.
  12. He shall approve, in conjuration with the Ministerial Council, the national development plan.
  13. He shall have the right to dissolve the parliament as provided by the present constitution.
  14. He shall exercise the other attributions and prerogatives provided by the law.

Item 40: The president of the Republic shall be the head of the Armed Forces to ensure the territorial integrity of the nation and the maintenance of law and order

Item 41: (Constitutional law No. 1/1995 of 17 January)
Where circumstances so warrant, the president of the Republic may declare a state of siege by decree and suspend the constitution for a maximum period of three months and take exceptional measures to safeguard the nation’s assets. The deadline of three months may be prolonged where the situation remains dangerous.

Item 42:  (Constitutional law No. 1/1995 of 17 January)

   1. The president of the Republic may, where circumstances so warrant, declare a state of emergency and inform the parliament.
   2. The president shall determine the effects, territorial limits and duration of the state of emergency or the state of siege.
   3. The law regulates the state of siege and its relevant competence and limit.
   4. He shall not dissolve the Assembly except (17) under the conditions mentioned above.
   5. He may suspend the constitution in the event of terrorist attacks or muting and sentence those involved according to the gravity of the situation.

Item 43: (Constitutional law No. 1/1995 of 17 January)

1. The President may end his functions in the event of:
  1. Resignation
  2. Expiry of term of office
  3. Permanent physical or mental invalidity.
  4. Death
2. In the event of vacancy of the Presidency, a college comprising the President of Parliament, who presides over it, the Prime Minister, the President of the Supreme Court and a member of the Constitutional Council designated by its president shall ensure the interim management of the state.

The Ministers of Defense and Security may attend these meetings as observers. Above 45 days, the Parliament shall meet in an extraordinary session to elect a President charged with ending the term of office.

The Constitution shall not be modified in the event of vacancy.

Chapter Three  The Council of Ministers

Item 44: For the exercise of the political and administrative function, the President of the Republic presides the counsel of ministers, First constituted of the Prime Minister and the other members of the government.

Item 45: (Constitutional law No. 1/1995 of 17 January)
The Council of Ministers shall execute the general policy of the nation as determined by the president of the Republic, ensure the application of laws and permanently assist the president in his political and administrative duties.

The law shall determine the order of ministries, their denomination and their competences and roles.

Item 46: The management and administration of government services shall be responsibility of ministers and other competent services of Ministerial departments.

Item 47: (Constitutional law No. 1/1995 of 17 January)
In addition to its functions as determined by the Constitution, the Council of ministers shall have the following duties:

   1. Direct the general policy of the Nation as defined by the president of the Republic by organizing and executing economic, cultural, scientific and social activities.
   2. Propose the socio-economic development plans of the state and, where approved by the president and the parliament, organize, direct and supervise their implementation.
   3. Elaborate the budgetary draft project and ensure its execution upon approval by the parliament and the president.
   4. Define the monetary policy and adopt measures aimed at protecting the monetary and financial system of the state.
   5. Elaborate draft projects submitted to parliament for approval.
   6. Grant territorial exile.
   7. Direct the administration of the state, coordinate and control the activities of the different ministries.
   8. Ensure the application of laws and other general provisions which it integrates in the judicial organization of the nation.
   9. Put in place necessary commissions charged with executing its attributions.

Item 48: (Constitutional law No. 1/1995 of 17 January)
1. All members of government in managing their ministries shall be jointly responsible before the law, the President and the Parliament and, personally responsible before the Prime Minister, but no individual responsibility before the law.
2. The Civil and Criminal responsibility of members of government shall be requested in accordance with the law.

Item 49: The members of government shall be:
  1. The Prime Minister
  2. The Deputy Prime Ministers
  3. The Minister of State
  4. The Ministers
  5. The Deputy Ministers
  6. The Secretaries of State.
Item 50: The Prime Minister and other members of government shall take the oath of office before the president and the constitution.

Item 51: The Ministerial Council, the plenary and the Ministers separately may attend the debates in Parliament without the right to vote. They may equally intervene.

Chapter Four  The Prime Minister

Item 52: The Prime Minister shall be member of the political party with the majority of seats in the National Assembly.

Item 53: The Prime Minister shall be the Head of Government and shall direct its actions, execute and ensure the enforcement of laws. He shall dictate the necessary instructions.

Item 54: The President of the Republic shall appoint the Prime Minister who is charged with appointing other members of government.

In the event of any disagreement, the President of the Republic shall urge the majority to designate a new Prime Minister and shall dissolve the parliament and summon new parliamentary elections.

Item 55: In his capacity of Head of Government, the Prime Minister shall, in addition to his attributions, coordinate ministerial activities and shall ensure the smooth functioning of government services. He shall ensure the implementation of government programs. He shall summon and preside over the inter-ministerial council in charge of deliberating on the proposals that shall be submitted to the Council of Ministers and proposing draft bills to parliament.

Item 56: The Prime Minister may exceptionally and by virtue of precise delegations, preside over the Ministerial Council with a pre-defined agenda.

Item 57: The Prime Minister shall end his term of office in the event of:

   1. Resignation
   2. Expiry of the term of office of the Parliament
   3. Permanent physical disability
   4. Dissolution of the Assembly
   5. Death

Item 58: (Constitutional law No. 1/1995 of 17 January)
In the event of resignation, disability or death, the President of the Republic may summon new legislative elections where the majority fails to designate a candidate within seven (7) days.

Item 59: The Prime Minister shall propose to the President of the Republic one or more Deputy Prime Minister who may substitute him in the event of a vacancy.

Chapter Five The National Assembly

Item 60: Legislative powers shall be conferred to the National Assembly through universal suffrage, and the Parliament shall exercise this power as provided by the Constitution.

Item 61: The National Assembly shall comprise 80 (eighty) members elected by direct and secret office. Elections shall be conducted in one day and within 60days before the mandate expires.

Administrative districts shall constitute the electoral constituencies.

Seats shall be attributed to each list of candidates through a system of proportional representation.

The electoral law shall determine the number of seats for each electoral constituency, the ineligibility and incompatibility of members of parliament and shall elaborate other aspects of the electoral process.

Item 62: Members of parliament shall not necessary respect the mandate.

Item 63: Members of Parliament shall have the right to amendment and vote. Voting shall be personal.

Item 64: The functions of the National Assembly shall be as follows:

   1. Elect the President, Deputy Presidents and bureau among members.
   2. Enact its by-laws.
   3. Approve state expenses, revenues and investment budgets.
The State through the  tributary law, inspired in the principes of equality, generality and prosperity, establishes the taxes, obligations and exedents for-fiscal and the special circumstances that concur in each figure of taxes for its liquidation.
All the  physical or legal persons, national or stranger, residentes in
the Republicof  Equatorial Guinea have the obligation of paying the taxes imposed by law.
   4. Legislate for taxation, suppress and institute taxes and other charges.
   5. Legislate for weights and measures.
   6. Determine the bases of civil and commercial rights relative to penal and labor procedures.
   7. Regulate fundamental rights and freedoms.
   8. Approve peace and trade treaties, those that affect national sovereignty and territorial integrity; those relative to a legal reserve are ratified by the President of the Republic.
   9. Authorize the President of the Republic to enact statutory orders relative to legal reserve between two sessions; these decrees shall enter into force when released. The government shall inform the Assembly on the content of this statutory order.
  10. Enlighten the members of government on the affairs under its competence, and call on them to explain the management of their affairs.
  11. Appoint an internal investigation commission to look into matters likely to comprise public interests. The commission shall have free access to all ministerial departments.
  12. Carryout its duties as provided by the law.

Item 65: The President of the Republic may, after consulting the council of Ministers and the Bureau of the National Assembly, decide to summon a referendum where he deems necessary. The bill that shall be adopted therein shall be enforced and promulgated by the president of the Republic.

Item 66:  The President of the Republic may, during ministerial council, order the dissolution of the Assembly and organize new elections.

Item 67: Every person, physical or corporate, Equato-Guinean or foreign, resident in Equatorial Guinea, shall pay taxes.

Item 68: No member of parliament may be detained during or after his mandate for opinions expressed in the exercise of his duties.

Item 69: The Assembly shall meet as of right the Monday following the promulgation of results for not more than 30days.

The agenda of this session shall be limited to the election of the President of the Assembly and the Bureau members, except the government introduces urgent questions.

Item 70: The National assembly shall hold 2 (two) ordinary sessions each year (March and September) for two months.

Item 71: The National Assembly shall meet in extra-ordinary session on a specific agenda and at the request of the President of the Republic of three-quarter of its members.

A session shall be held by more than half of the members, and decisions shall be adopted through vote by simple majority.

Item 72: The opening and closing of each session, ordinary or extraordinary, shall be ordered by Presidential decree in accordance with the Bureau.

Item 73: Sittings of the National Assembly shall be public

Item 74: The National Assembly may hold sittings in camera at the request of the president of the Republic or of an absolute majority of its members.

Item 75: The President of the Republic shall hold the legislative power in ministerial councils, and members of Parliament shall hold it in the Assembly.

Draft projects submitted by members shall be deposited at the Bureau as provided by is by-laws and shall be transmitted to the Government for assessment.

Item 76: In addition to matters provided by the constitution, the law shall reserve the following:

   1. Regulation of rights and obligations of the citizens.
   2. Expropriation of property for public utility.
   3. Nationality, state and capacity of persons, civil status and successions.
   4. Organization of justice, creation of new jurisdictions, the status of magistrates and of the public service.
   5. Penitentiary status, amnesty, definition of offences and the sentences that shall apply.
   6. Status of associations, political parties and trade unions.
   7. Status of the issue and printing of the currency.
   8. General administrative and financial organization.
   9. Conditions of participation of the state in the management of enterprises.
  10. Status of the public inheritance.
  11. Status of freedoms and persons, ownership, property, civil and commercial rights and obligations.
  12. Financial obligations of the state.
  13. Economic and social action plan.
  14. Fundamental principles governing education, culture, the right to work and social security.

Item 77: The general budget of state presented by the government during the second session shall be voted by the National Assembly. Where the state budget is not adopted before the current financial year expires, the president of the Republic may extend the preceding budgetary bill until adaptation of the new bill.

The Government may request a ten-day extraordinary session for new deliberations.

Where the budget is finally not adopted, the President of the Republic has the prerogative to institute the budgetary bill.

Item 78: Where the budget is not voted during the second ordinary session, the president of the Republic shall summon an extraordinary session to find a solution.

Item 79: Before promulgating a bill, The President of the Republic may request a second or third reading of the bill in parliament.

Item 80: The President of the Republic may personally attend the session or send a message. In the case of the latter, the message may not be subject to deliberations.

Item 81: The agenda shall de drawn by the Bureau.

Item 82: The President of the Republic shall promulgate the bills adopted by parliament.

Chapter Six Judicial Power

Item 83: The judicial power shall be independent of the executive and legislative powers. It shall exercise the legal functions of the state.

Item 84: Justice shall be administered in the name of the people by the President of the Republic.

The organic law relative to the Judicial power shall determine the organization and attributions of courts necessary for the effective functioning of justice. This same law shall define the statutes of the magistracy.

Item 85: The exercise of the judicial power in every type of hearing shall be reserved exclusively to the jurisdictions and courts as determined by the law.

Item 86: The Head of State shall be the first magistrate of the nation. He shall guarantee the independence of the judicial power.

Item 87: The judges and magistrates shall not enjoy any form of immunity in the exercise of their duties.

Item 88: The principle of the unity of the Judicial Power shall be the basis of the organization and functioning of courts.

The law shall determine the judicial system applicable in military courts.

Item 89: Judgments shall be public, but deliberations shall be in camera.

Item 90: The Supreme Court of Justice shall be the supreme organ of the judicial system.

Item 91: The President of the Supreme Court and its members shall be appointed by the president of the Republic for a period of five years.

Item 92: The legal Department shall ensure the strict respect of the constitution, the laws and legal dispositions of all state organs.

Item 93: The Attorney General and his deputies shall be appointed by the President of the Republic.

Chapter Seven The Constitutional Council

Item 94: The constitutional Council shall comprise a President and four other members appointed by the President of the Republic.
Two of its members shall be proposed by the National Assembly. The term of office of its members shall be seven (7) years.

The attributions of the constitutional council shall comprise the following:

   1. Taking cognizance of the constitutionality of laws.
   2. Taking cognizance of and annulling laws.
   3. Proclaiming the final results of presidential municipal and legislative elections and referendums.
   4. Declaring the invalidity of the president of the Republic and the Prime Minister.
   5. Determining the supreme nature of the constitution within the framework of development.
   6. Taking cognizance of conflicts between constitutional bodies.
   7. Taking cognizance of the non-conformity of international treaties as provided by the constitution.
   8. And its other duties attributed by the law.

Item 95: The bodies legally entitled to institute an appeal of unconstitutionality shall be:

  1.  The President of the Republic, Head of State
  2.  The Prime Minister, Head of Government
  3.  The National Assembly; three-quarter of its members
  4.  The Attorney General
Item 96: Members of the Constitutional Council shall not be eligible or be members of government or of Parliament.

Item 97: The organic law shall regulate the functioning and status of its members, and the implementation procedures of its actions.

Chapter Eight  The Higher Judicial Council

Item 98: The Higher Judicial Council shall head this organ. It shall comprise a President and six other members appointed by the Head of State for a period of 5 years.
The organic law shall regulate the structure, functioning and legal status of its members.