A member of the Commission who
is re-elected to a new term of office
which is continuous with his/her
previous term shall retain his/her
precedence.
Rule 7
A member of the Commission may
resign from his or her position at any
time. He or she shall do so through a
written notification addressed to the
Chairperson of the Commission who
shall transmit it to the Chairperson
of the African Union Commission.
Incompatibility
The resignation shall take effect three
months from the date of submission
of the letter of resignation.
The position of member of the
Commission is incompatible with any
activity that might interfere with the
independence or impartiality of such
a member or demands of the office
such as a member of government,
a Minister or under-secretary of
State, a diplomatic representative, a
director of a ministry, or one of his
subordinates, or the legal adviser to
a foreign office or any other political
binding function or participate in
any activity of the nature that will
compromise the independence and
impartiality.
The Chairperson ofthe African Union
Commission shall upon receipt of the
notification, declare the seat vacant.
The vacancy shall be effective from
the date the resignation takes effect.
In the case of death ofa member ofthe
Commission, the Chairperson shall
immediately inform the Chairperson
of the African Union Commission
who shall declare the seat vacant
from the date of the death.
Every
seat
declared
vacant
in
conformity with the present Rule
shall be filled in accordance with
paragraph 3 of Article 39 of the
African Charter.
The Bureau of the Commission
shall ensure that the requirements
in Rule 7(1) above are enforced in
accordance with Articles 31(1 & 2)
and 39(2) of the African Charter.
In the case of incompatibility, the
Chairperson
of the Commission
shall inform the Chairperson of the
African
Union
Commission,
who
shall declare the seat vacant.
Rule 8
Cessation of function
If in the unanimous
opinion of the
other members of the Commission, a
member has stopped discharging his
or her duty for any reason other than
temporary absence, the Chairperson
of the Commission shall inform the
Chairperson of the African Union
Commission,
who
shall
declare
seat vacant.
Part One
: General
Rules
the
Rule 9
Solemn declaration
In
conformity
of
the
African
with
Article
Charter,
38
before
assuming
office,
every
member
of the Commission shall make the
following solemn declaration at a
public sitting of the Commission:
“I solemnly undertake to carry out
my duties well and faithfully in all
impartiality.”