LAW ON STATE AND PUBLIC COMPANIES RESPONSIBILITY
The recently published Law nº 30/22 0f August 29 regulates the extracontractual responsibility of the Angolan State and Public Companies, for damages resulting from the exercise of the public activities (legislative, jurisdictional and administrative).
The Law covers the individual responsibility of the holders of administrative bodies, public officers and administrative agents.
The most important provisions of the Law are the following:
- Anyone obliged to repair a damage, is obliged to reconstruct the situation that would exist if it hadn’t been verified the event which obliges the repair;
- The indemnification is fixed in money unless the natural reconstitution is possible;
- The indemnification must cover financial and non-financial damages, actual damages and loss of profit, as well as existing and future damages;
- The holders of posts in state organs, public officers or agents are jointly responsible for any damages occurred, in case of illicit acts or omissions practiced intentionally or with gross negligence;
- The State and public companies are jointly responsible with those referred to in d) above, in case such acts or omissions occurred during the exercise of their functions.
- The right to demand indemnification expires in accordance with article 498º of the Angolan Civil Code (in general terms, three years after the plaintiff took knowledge of its right).