Luanda, ANGOLA, June 18 - The deputies to the National Assembly (parliament) last Wednesday gave a final global vote on the draft-laws that alter the Property Tax Code, the Motorized Vehicle Tax Code and the Expropriation for Public Utility, as well as the Civil Requisition Law.,

The draft-law that amends the Property Tax Code was approved with 201 votes in favour, no votes against and no abstentions, while the bill on Motorized Vehicle Tax Code got 198 votes in favour, none against and three abstentions.

The Public Expropriation Bill was approved by 194 favourable votes, none against and five abstentions, while the civil requisition bill was passed with 141 votes in favour (all from the ruling MPLA), six votes against (CASA-CE coalition) and 50 abstentions from UNITA.

Regarding the Civil Requisition Draft-Law, the parliamentary group of CASA-CE justified its vote against, because it understands that this diploma restricts the right to strike.

In the same vein, UNITA abstained for understanding that this bill violates workers’ right to strike, as a right enshrined in the Constitution of the Republic of Angola,  advocating also the inclusion of a fair compensation from the State.

The proposal establishes the principles, rules and procedures that regulate the State's resort to and enforcement mechanism for civil requisition.

 

The Civil Requisition mechanism allows the State to resort to public entities and private companies with mixed capitals (public and private) to ensure the regular functioning of services or the availability of goods essential to the public interest and vital sectors of the national economy in exceptional situations.  

The government can only resort to this mechanism in exceptionally serious cases, namely when safety, health or collective well-being are at stake, the provision of services or the temporary availability of any public goods or services by public companies, mixed stock companies and private ones.

The determination and execution of the civil requisition must obey, among others, the principles of legality, necessity, proportionality and adequacy, impartiality and responsibility to ensure the defence of the public interest regarding the uninterrupted supply of goods and services.

 

According to the diploma, striking workers commit the crime of disobedience, punished under the terms of the Penal Law, when they do not report to the service or refuse to perform the tasks they are entrusted with.

The measure aims to increase tax revenue by increasing the tax base, since, with this diploma, the government starts to tax unproductive agricultural land, in order to encourage those who own it to exploit it or give them up (rent, sale ect) to those who have financial condition.

The Property Tax Code determines that such revenue goes to the local authority .

The bill on Motor Vehicle Tax Code restructures the legal regime of the previous car circulation fee and traffic inspection, raising it to the category of tax for motor vehicles (including boats and planes).

The diploma proposes the extension of taxation to recreational vessels and aircraft for private use, as well as reducing the rate, by 50%, to vehicles intended for agriculture.  

The Proposed Law on Expropriation for Public Utility focuses on real estate and inherent rights, ruling out forced eviction.

 

The expropriating entities, in the expropriate process, are responsible for pursuing the public interest, respecting the legally protected rights and interests of the expropriated and other interested parties, as well as observing the principles of legality, justice, equality, proportionality, impartiality and good faith, of public utility, fair and prompt compensation, respect for private property and the right of reversal.

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