Chapter III - Members of the
Commission Rule 11 - Composition of the Commission
The Commission shall be composed of eleven (11) members elected by the Assembly of
Heads of State and Government hereinafter referred to as "the Assembly", in
conformity with the relevant provisions of the Charter.
Rule 12 - Status of the Member
1. The members of the Commission shall be eleven (11) personalities appointed in
conformity with the provisions of Article 31 of the Charter.
2. Each member of the Commission shall sit on the Commission in a personal capacity. No
member may be represented by another person.
Rule 13 - Term of Office of the Members
1. The term of office of the members of the Commission elected on 29 July 1987 shall
begin from that date. The term of office of the members of the Commission elected at
subsequent elections shall take effect the day following the expiry date of the term of
office of the members of the Commission they shall replace.
2. However, if a member is re-elected at the expiry of his or her term of office, or
elected to replace a member whose term of office has expired or will expire, the term of
office shall begin from that expiry date.
3. In conformity with Article 39 (3) of the Charter, the member elected to replace a
member whose term has not expired, shall complete the term of office of his or her
predecessor, unless the remaining term of office is less than six (6) months. In the
latter case, there shall be no replacement.
Rule 14 - Cessation of Functions
1. If in the unanimous opinion of the other members of the Commission, a member has
stopped discharging his duties for any reason other than a temporary absence, the Chairman
of the Commission shall inform the Secretary General of the Organisation of African Unity,
who shall then declare the seat vacant.
2. In case of the death or resignation of a member of the Commission, the Chairman
shall immediately inform the Secretary General who shall declare the seat vacant from the
date of the death or from that on which the resignation took effect. The member of the
Commission who resigns shall address a written notification of his or her resignation
directly to the Chairman or to the Secretary General and steps to declare his or her seat
vacant shall only be taken after receiving the said notification. The resignation shall
make the seat vacant.
Rule 15 - Vacant seat
Every seat declared vacant in conformity with Rule 14 of the present Rules of Procedure
shall be filled on the basis of Article 39 of the Charter.
Rule 16 - Oath
Before coming into office, every member of the Commission shall make the following
solemn commitment at a public sitting. "I swear to carry out my duties well and
faithfully in all impartiality".
Chapter IV - Officers
Rule 17 - Election of Officers
1. The Commission shall elect among its members a Chairman and Vice-Chairman.
2. The elections referred to in the present Rule shall be held by secret ballot. Only
the members present shall vote, the member who shall obtain the two-thirds majority of the
votes of the members present and voting shall be elected.
3. If no member obtains this two-thirds majority in a second, third and fourth ballot,
the member having the highest number of votes at the fifth ballot shall be elected.
4. The officers of the Commission shall be elected for a period of two (2) years. They
shall be eligible for re-election. None of them, may, however, exercise his or her
functions if he or she ceases to be a member of the Commission.
Rule 18 - Power of the Chairman
The Chairman shall carry out the functions assigned to him by the Charter, the Rules of
Procedure and the decisions of the Commission. In the exercise of his functions the
Chairman shall be under the authority of the Commission.
Rule 19 - Absence of the Chairman
1. The Vice Chairman shall replace the Chairman during a session if the latter is
unable to attend a whole or part of a sitting of a session.
2. In the absence of both the Chairman and Vice Chairman, members shall elect an acting
Chairman.
Rule 20 - Functions of the Vice Chairman
The Vice Chairman, acting in the capacity of the Chairman, shall have the same rights
and the same duties as the Chairman.
Rule 21 - Cessation of the Functions of an Officer
If any of the officers ceases to carry out his or her functions or declares that he or
she is no longer able to serve as an officer or exercise the functions of a member of the
Commission, a new officer shall be elected for the remaining term of office of his or her
predecessor.