Jorge Lopes. "The TC's decision raises a clear legal paradox"
Militant Jorge Lopes said that he received the decision of the Constitutional Court (TC), which admitted Francisco Carvalho's candidacy for the presidency of the PAICV, "with serenity, but without conviction".
Jorge Lopes was reacting in this way to Inforpress, to the ruling of the TC that judged "unfounded" the appeal he filed against Francisco Carvalho, in the dispute for the leadership of the African Party for the Independence of Cape Verde (PAICV).
On Wednesday, the TC released a ruling in which it admitted Francisco Carvalho's candidacy for the presidency of the PAICV, because it had not been shown that he had seriously violated the essential party rules, nor the norms on the democratic functioning of the political organization.
In reaction to the decision, Jorge Lopes, who was the main challenger in the case, expressed his dissatisfaction with the reasoning of the ruling, regretting that the court had chosen to "relativize the irregularities identified in the name of a moderate interpretation" of party rules.
"I receive this decision with serenity and respect, because I believe in institutions and the importance of the rule of law. However, I cannot and must not hide the fact that I remain unconvinced by the reasoning behind the decision taken by the Constitutional Court in Ruling no. 19/2025, regarding the contestation of Francisco Carvalho's candidacy for the leadership of the PAICV," said Jorge Lopes.
According to the same source, despite several essential facts denounced in the petition, the Constitutional Court chose to dismiss the challenge, based on a logic of minimal intervention in the internal affairs of parties. The court held that, although there were irregularities, they did not reach the level of a "serious breach of essential rules" capable of jeopardizing the democratic functioning of the party.
Jorge Lopes, who is also deputy secretary-general of the PAICV, also pointed out that the TC's decision "raises a clear legal paradox. Despite recognizing the existence of illegalities, there is no legal consequence."
For Jorge Lopes, the TC's decision weakens the mechanisms of control and accountability within the party, calling into question equality between candidates and devaluing the principle of material truth and good faith in party life.
"The TC's reading seems to tacitly admit that a militant can remain for years without fulfilling the statutory duty to pay dues and, even so, try to reacquire or reactivate his passive electoral capacity in a hasty and irregular manner by simply presenting a declaration of formal appearance," he concluded.
