The second and final term of African Union Commission chairperson Moussa Faki of Chad is coming to an end.
Consequently, potential candidates have started expressing their interest in the seat, which is Eastern African region’s turn to fill.
Kenya’s Foreign minister Musalia Mudavadi at the end of the 44th session of the AU Executive Council of Foreign Affairs Ministers on February 16 said Kenya and its Eastern African neighbors have the first opportunity to produce the next chair of the AU Commission.
Mudavadi, who is also the Prime Cabinet Secretary – almost equivalent to Prime Minister post – said Eastern Africa was next in line for the AU leadership under the bloc’s election rules adopted as part of the institutional reforms.
“The Central, Southern and Western Africa regions have had their share since 2002, so it is now time for the Eastern and Northern Africa regions. Under the rotational rules, Eastern Africa has the first opportunity when the term of the current chair expires end of this year,” Mudavadi said.
He further noted the AU election rules introduced in 2018 seek to promote principles of regional rotation, inter-regional rotation, gender and merit in the election of the AU chair and commissioners. The rotational process is alphabetical, thus, ranking Eastern Africa ahead of Northern Africa.
In this regard, two candidates from the region have been proposed by their respective capitals and declared their bids: Former Somalia Deputy Prime Minister and Foreign Minister Fawzia Adam, who has been fronted by Mogadishu, and former Prime Minister Raila Odinga, who has been nominated by Nairobi.
On January 14, 2024, Somali National Television reported Ms Adam was being fronted by the Office of the Prime Minister “as part of the government’s strategy to promote Somalia’s influence in the international arena” but publicly declared her interest on February 27.
“I am happy that I am Somalia’s candidate for the African Union [commission] presidency. I would like to thank President Hassan Mohamud and the Federal Government of Somalia for their full support and encouragement,” she said.
After weeks of speculation, Raila declared his bid on February 15, saying he was ready to serve the continent in the role.
“I am inclined to accept the challenge and I am ready and I offer myself to be of service,” Raila said after holding talks with retired Nigeria President Olusegun Obasanjo in Nairobi.
Obasanjo is reported to have brokered a deal between President Ruto and Raila in Mombasa following sustained anti-government protests by the opposition last year.
It is not clear if North Africa region or others will present candidates.
So, what does the African Union Commission election entail?
The provisions of this election are in Rule 38 and 42 of the Rules of Procedure of the Assembly and the Executive Council, Statutes of the Commission and Rule of Procedure of the Permanent Representatives’ Committee of the AU document.
The rule explains how the election of the Commission Chairperson and Deputy Chairperson shall be conducted, while Rule 42 covers Voting Procedure for the Election of the Members of the Commission.
RULE 38: Election of the Chairperson and Deputy Chairperson
1. The Assembly shall elect the Chairperson of the Commission and his/her Deputyby secret ballot and two-thirds majority of Member States eligible to vote.
2. The Chairperson of the Commission and his/her Deputy shall be competent women or men with proven experience in the relevant field, commensurate leadership qualities and a good track record in government, parliament, international organizations or other relevant sectors of society.
3. Candidatures for the Office of the Chairperson of the Commission and his/her Deputy shall be circulated to Member States at least three (3) months before the election.
4. The Chairperson of the Commission and his/her Deputy shall not be from the same region.
RULE 39: Commissioners
1. The Assembly shall appoint eight (8) Commissioners on the basis of equalgeographical distribution.
In this regard, the respective regions from which the Chairperson of the Commission and his/her Deputy shall be appointed, shall be entitled to only one (1) Commissioner each.
2. The Commissioners shall be competent women or men with proven experience in the relevant field, commensurate leadership qualities and a good track record in government, parliament, international organizations or other relevant sectors ofsociety.
3. Candidatures for the Office of Commissioner shall be circulated to Member States at least three (3) months before the election.
RULE 40: Term of Office
The term of office of the members of the Commission shall be for four (4) years. It shall be renewable only once.
RULE 41: Termination of Appointment
The Assembly may, by two-thirds majority and following due process conducted by the Executive Council, terminate the appointment of the Chairperson of the Commission, his/her Deputy and the Commissioners on grounds of incompetence, gross misbehaviour or inability to perform the functions of his/her office for reason of permanent incapacity certified by a medical board.
RULE 42: Voting Procedure for the Election of the Members of the Commission
1. The voting shall commence with the election of the Chairperson of the Commission, followed by the Deputy Chairperson, thereafter the Assembly shall appoint the Commissioners elected by the Executive Council.
2. In any election for the Chairperson of the Commission, or his/her Deputy, the balloting shall continue until one (1) of the candidates obtains the two-thirds majority required. Provided that, if the third ballot remains inconclusive, the next ballot shall be restricted to the two (2) candidates who obtained the highest number of votes in the third ballot.
3. If after three (3) further ballots neither of the two (2) candidates obtains the majority required, the candidate with fewer votes shall withdraw.
4. Where there are only two (2) candidates initially and neither candidate obtains the majority required after the third ballot, the candidate with fewer votes shall withdraw and the remaining candidate shall proceed to the next round.
5. If the remaining candidate, fails to obtain the two-thirds majority required in that round, the Chairperson shall suspend the election.
6. Where there is only one (1) candidate initially and he or she fails to obtain the two-thirds majority required after the third ballot the Chairperson shall suspend the election.
7. The Deputy Chairperson of the Commission shall take over the Chairmanship of the Commission on an interim basis until new elections are held. If the impasse is in respect of the Deputy Chairperson, the most senior Commissioner by length of tenure, or by age where length of tenure is the same, shall be designated to act as the Deputy Chairperson until new elections are held.
8. This voting procedure provided for in paragraphs 2, 3, 4 and 5 above shall be applicable to all elections conducted by the Assembly in respect of other Organs of the Union. Â
