260________________ Mizan Law Review________________ Vol. 6 No.2, December 2012
Commission.121 In 2006, it was recommended that the number of commissioners
be increased from 11 to between 15 and 18.122
The African Commission had been under-resourced in the past.123 It relied on
outside sources for most of its works.124 Such dependence on outside sources
subjected the Commission to serious criticisms that it was being manipulated by
donors.125 Recently, financial resources of the Commission have been showing
improvements. Since 2008, the Commission presents and defends its budget.126
The Commission’s budget for the 2013 Financial Year stands at 8.5 million US
Dollars (US $ 8,488,716).127
Likewise, the African Court does not have much time as the judges perform
their functions on a part-time basis.128 The Court holds only four ordinary
sessions a year.129 The Court may hold extraordinary sessions which may be
convened by the President of the Court or at the request of a majority of
members of the Court.130 Since there are no strict rules providing for a
maximum number of extraordinary sessions to be held in a year, the Court can
be flexible and hold more extraordinary sessions when there are more tasks.
Nevertheless, it lacks the mandate to operate as a permanent judicial body.
A discussion on the admissibility of subregional courts’ decision before the
African Commission would have been pointless had access to the African Court
been open to individuals and NGOs. It is only the African Commission, state
parties and African intergovernmental organisations that have direct access to
the Court.131 Even the African Committee of Experts on the Rights and Welfare
of the Child is omitted from the list of organs that have direct access to the
Court although one may argue that it falls under African intergovernmental
121Report of the Brainstorming meeting on the African Commission, on Human and
Peoples’ Rights: 9-10 May 2006, Corinthia Atlantic Hotel, Banjul, The Gambia,
Twentieth Activity Report of the African Commission on Human and Peoples’
Rights, Annex II.
122Ibid.
123Viljoen (2007), supra note 1, p. 315.
124Ibid.
125Ibid.
126Japhet Biegon & Magnus Killander (2009), ‘Human rights developments in the
African Union during 2008’ African Journal of Human Rights Law 295, Vol. 9, at 297.
127AU Executive Council, Decision on the Budget of the African Union for the 2013
Financial Year, Doc. EX.CL/721(XXI).
128
Protocol on the African Court, art 15(4).
129
African Court on Human and Peoples’ Rights, Rules of Court, adopted and entered
into force on 2 June 2010, Rule 14.
130
Ibid, rule 15.
131
Protocol on the African Court, Art 5(1).