AMENDMENT TO LAW Nº 9/95
PUBLIC ENTERPRISES LAW

LAW Nº 20/11 of April 14, 2011 NATIONAL ASSEMBLY

The approval of the Constitution of the Republic of Angola, of February 5, 2010, gave rise to a series of amendments in relation to the functioning of State bodies, and it defined that the President of the Republic shall exercise the Executive Power.

This signifies that those powers held by the Government in administrative matters, now pass to the President of the Republic, consequently causing functional changes.

With neither the Government nor the Cabinet holding decision-making powers, it shall be incumbent on the President of the Republic to undertake such functions within the framework of the new constitutional reality.

Whereas Law Nº 9/95, of September 15, 1995 - Public Enterprises Law, must conform to the new constitutional reality, in order that the public administration may function within the context of the new administrative policy.

The National Assembly hereby approves, by mandate of the People within the framework of paragraph b) of article 161 of the Constitution of the Republic of Angola, the following:



LAW OF AMENDMENT TO LAW Nº 9/95,
OF SEPTEMBER 15, 1995 - PUBLIC ENTERPRISES LAW Article 2 of Law Nº 9/95, of September 15, 1995, Public Enterprises Law shall hereby be amended to read as follows:

1. The rights of the State as shareholder and owner shall be exercised by the Ministerial Department responsible for Public Enterprises, through the delegation of powers by the Holder of Executive Power, in conformity with the strategic guidelines referred to in the following number and through prior sectorial coordination established with the ministers responsible for the sector.
2. As proposed by the Ministerial Department responsible for Public Enterprises and the Minister responsible for the sector, the Holder of Executive Power shall define the strategic guidelines relating to the exercise of the shareholder function in Public Enterprises, which may involve quantified goals and the signing of agreements and program between the State and Public Enterprises, which shall be reflected in the management agreements to be signed with the managers.

Paragraph a) of article 34 of Law Nº 9/95, of September 15, 1995, Public Enterprises Law, shall hereby be amended to read as follows:

1. The initiative to incorporate a public enterprise shall emanate from:
1. The President of the Republic, as proposed by the Minister regulating the relevant branch of activity for major-sized enterprises.

Nº 1 of article 37 of Law Nº 9/95, of September 15, 1995, Public Enterprises Law, shall hereby be amended to read as follows:

1. Major-sized enterprises shall be incorporated by presidential decree.

Nºs 1, 2, and 5 of article 45 of Law Nº 9/95, of September 15, 1995, Public Enterprises Law, shall hereby be amended to read as follows:

1. The Board of Directors shall be the enterprise’s management and administrative body, being composed of up to 11 directors, executive or non- executive, in accordance with the size of the enterprise.
2. In major-sized enterprises, the members of the Board of Directors shall be nominated and dismissed by the President of the Republic, subsequent to appraisal by the Cabinet.
3. (...)
4. (...)
5. The mandate of the Board of Directors shall be of three years, renewable one or more times, with it continuing in the exercise of its functions until its effective substitution or declaration of the cessation of its functions.

All legislation contrary to this law is hereby repealed. This law shall come into effect on the date of its publication.


Seen and approved by the National Assembly, Luanda, May 27, 2010.

The Acting Speaker of the National Assembly,
João Manuel Gonçalves Lourenço.

Promulgated on June 18, 2010.

Let it be published.
The President of the Republic.
JOSÉ EDUARDO DOS SANTOS.