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Functions

The President of the Republic is the Head of State and the Supreme Commander of the Armed Forces, represents the Democratic Republic of São Tomé and Príncipe, guarantees the national independence and unity of the State and ensures the regular functioning of the institutions. 

 

Election and Possession

 

The President of the Republic is elected by universal suffrage, direct and secret.

The President of the Republic can only be elected as a citizen of the country of origin, a son of a São Tomé father or mother, over 35 years of age, who has no other nationality and who in the three years immediately preceding the date of the application has permanent residence in the territory national.

The President of the Republic elected shall take office before the National Assembly on the last day of the term of office of the outgoing President of the Republic or, in the case of election by vacancy, on the eighth day following the day of publication of the election results.

 

Mandate

 

The President of the Republic is elected for five years.

In case of vacancy, the new President of the Republic shall be elected on the ninety days thereafter and the latter shall begin a new term of office.

 

Re-election for a third consecutive term of office, or during the five-year term immediately following the end of the second consecutive term, shall not be allowed. If the President of the Republic resigns, he can not stand in the immediate elections or in the five-year term immediately following his resignation.

 

Own Competence

 

It is incumbent upon the President of the Republic:

 

  • Defend the Constitution of the Republic;
  • To exercise the functions of Supreme Commander of the Armed Forces;
  • To mark, in accordance with the electoral law, the day of the elections for President of the Republic, for the National Assembly and for Assemblies of regional and local power;
  • To convene a national referendum and set the date of its referendum;
  • To enact laws, decree-laws and decrees;
  • Indulge and commute sentences, after hearing the Government;
  • State the state of siege and emergency, after hearing the Government and after authorized by the National Assembly;
  • To authorize the participation of the Armed Forces of Sao Tome in peace operations in foreign territory or the presence of foreign armed forces in the national territory, upon proposal of the Government, after hearing the Council of State and with the assent of the National Assembly;
  • Requiring the Constitutional Court to review the constitutionality or legality of legal instruments and international treaties;
  • Grant the state decorations.

Jurisdiction over other bodies

 

It is incumbent upon the President of the Republic with respect to the other organs:

 

  1. Presiding over the Council of State;
  2. To preside over the Superior Defense Council;
  3. Presiding over the Council of Ministers at the request of the Prime Minister;
  4. Summon the National Assembly extraordinarily when it is justified by compelling reasons of public interest;
  5. Dissolve the National Assembly, in compliance with the provisions of Article 103 and after hearing the political parties that sit in it;
  6. Address message to the National Assembly;
  7. Appoint the Prime Minister, after hearing the political parties sitting in the National Assembly and taking into account the election results;
  8. Appoint and exonerate the members of the Government, on proposal of the Prime Minister;
  9. To dismiss the Government, pursuant to Article 117;
  10. Appoint three members of the Council of State;
  11. Appoint and exonerate the Attorney General of the Republic, on proposal of the Government.

Competence in International Relations

 

It is incumbent upon the President of the Republic in the field of international relations:

 

  • Represent the State in international relations;
  • Ratify international treaties after they have been duly approved;
  • Declare war and make peace, on proposal of the Government, after hearing the Council of State and with the authorization of the National Assembly;
  • Appoint and exonerate the ambassadors, on proposal of the Government, and accredit the foreign diplomatic representatives;
  • Conduct, in consultation with the Government, the entire negotiation process for the conclusion of international agreements in the area of ​​defense and security.

 

Promulgation and Veto

 

The diplomas approved by the National Assembly and submitted to the President of the Republic shall be promulgated by the latter within a period of 15 days from the date of their reception. If the promulgation is not verified, the diploma will be reconsidered by the National Assembly and if the qualified majority of the deputies obtains a favorable vote, the President of the Republic shall promulgate it within eight days. The normative acts of the Government mentioned in subparagraphs c) and d) of Article 111 will be considered legally inexistent if within twenty days after their reception they do not obtain the promulgation or signature of the President of the Republic.

 

Forms of Decision

In the exercise of its attributions and competence, the President of the Republic decides in the form of the presidential decree.

 

Absence of Territory

 

The President of the Republic can not absent himself from the national territory without the consent of the National Assembly or its Standing Committee if it is not in operation. The assent shall be waived in cases of non-official travel, of a duration not exceeding five days, but the President shall give prior knowledge of it to the National Assembly. Failure to comply with the provisions of number 1 shall automatically entail the loss of the position, through the respective process, under the terms defined by law.

 

Criminal responsibility

 

For crimes committed in the performance of his duties, the President of the Republic responds to the Supreme Court of Justice.

 The initiative of the crime process is the responsibility of the National Assembly, by proposing a fifth and deliberation approved by a two-thirds majority of the deputies in office. The conviction implies the dismissal of the position and the impossibility of re-election. For crimes committed outside the exercise of his duties, the President of the Republic responds after the end of the mandate before the ordinary courts.

 

Interim Replacement

 

During the temporary impediment of the President of the Republic, as well as during the vacancy of the position until the new President-elect takes office, the President of the National Assembly shall assume office, or, in the presence of the latter, his replacement. While temporarily acting as President of the Republic, the mandate of Deputy of the President of the National Assembly or of his substitute is automatically suspended.

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