Lawmakers question transitional arrangements placing the Parliament under Secretariat administration, raising broader concerns about the balance of authority between AU institutions.
A letter from the African
Union Commission concerning the 2026 elections of the Pan-African Parliament
(PAP) Bureau has sparked debate among lawmakers over the governance
and autonomy of the continental legislature. In a communication dated 27
February 2026 and referenced CCP/PAP/425/02.26, the
African Union Commission Chairperson informed members that the mandate of the
current PAP Bureau would end by 28 February 2026, while
consultations continue with Member States on the timing of elections for a new
leadership. The letter also introduced transitional measures placing
the administration of the Pan-African Parliament under the Clerk with oversight
from the AU Commission until a new Bureau is elected, a move that has
prompted reactions from several parliamentarians who say it raises broader
questions about institutional balance within the African Union system.
While framed as an
administrative measure, the directive has sparked debate within the Parliament,
with several Members raising questions about the institutional implications of
the arrangement.
Concerns Over
Institutional Balance
Several PAP Members who
spoke to African Parliamentary News expressed unease about the
transitional mechanism, particularly the provision that places the management
of parliamentary affairs under the Clerk of Parliament and the supervision of
the AU Commission.
Some lawmakers argue
that the arrangement blurs the traditional distinction between elected
representatives and administrative staff within parliamentary governance.
“The Secretariat exists
to support the work of Members, not to preside over parliamentary affairs,” one
parliamentarian said. “Even if the measure is temporary, it raises serious
questions about institutional balance.”
Others described the
development as an unusual moment in the history of the Pan-African Parliament,
noting that the institution was established specifically to ensure that the
legislative organ of the African Union is guided by the authority of elected representatives.
“This Parliament
represents the peoples of Africa through their national parliaments,” another
Member observed. “When administrative structures appear to take over
parliamentary management, it inevitably raises questions about autonomy.”
Questions Over
Implementation Urgency
Beyond the transitional
arrangements themselves, several Members also pointed to what they described
as inconsistencies in the implementation of previous Executive Council
decisions concerning the Parliament.
Lawmakers referenced
earlier directives from the Executive Council in 2017 and 2018 that
called for the implementation of the principle of regional rotation in PAP
leadership. According to several Members, those directives were not enforced at
the time, contributing to a prolonged institutional crisis that eventually
resulted in the suspension of parliamentary activities in June 2021.
Members also recalled
that the Executive Council directed in October 2021 that
elections of the PAP Bureau should be conducted at the Parliament’s
headquarters in Midrand, South Africa, as soon as possible and in
accordance with the Protocol establishing the institution.
When that directive was
not implemented, the Executive Council reiterated its position in February
2022, instructing that the elections should be conducted before the
end of April 2022. The elections were eventually held in June 2022,
following intervention by the Bureau of the Assembly of Heads of State
and Government.
Several Members
told African Parliamentary News that this sequence of events
has led some parliamentarians to question the apparent difference in urgency
between the implementation of earlier Executive Council directives on PAP
elections and the current timeline. Against this backdrop, some lawmakers say
the rapid enforcement of the February 2026 election timeline has
prompted renewed questions about consistency in the application of African
Union decisions relating to the Parliament.
“It is the
difference in urgency that some colleagues find difficult to understand,” one
parliamentarian said. “Previous directives took months or years to implement.
Now the timeline appears far more compressed.”
Rule-Making Authority
Also Under Debate
Several Members also
linked the current crisis to earlier disputes over the Parliament’s Rules of
Procedure and its authority to regulate its internal affairs.
In November 2022,
the Pan-African Parliament amended its Rules of Procedure in an effort to align
them with Executive Council decisions concerning regional rotation in the leadership
of the institution. However, according to Members familiar with the process,
the amended Rules were subsequently suspended by the Chairperson of the African
Union Commission following a legal opinion issued by the Office of Legal
Counsel.
The legal opinion
reportedly concluded that the provision establishing a three-year
tenure for members of the PAP Bureau was inconsistent with Article
12.3 of the PAP Protocol, which links the tenure of parliamentary officers
to the duration of their mandates in their respective national parliaments.
Following the legal
advice, certain positions were declared vacant and the Bureau was rendered
inquorate, triggering an institutional crisis within the Parliament. The
Executive Council later ratified the decision and further directed that all
decisions taken under the suspended Rules be considered null and void.
The Council subsequently
instructed the Parliament to reconsider the suspended provisions of its Rules
of Procedure in light of the legal inconsistencies identified.
Members say the
Parliament complied with that directive and revised the Rules by removing the
contested provisions.
However, some lawmakers
argue that a further development complicated matters.
“After the Parliament
aligned its Rules with the Protocol, the Commission later directed the
institution to revert to the three-year tenure arrangement,” one Member said,
adding that the instruction was issued without a fresh directive from the
Executive Council.
For some Members, this
sequence of events has raised broader concerns about the Parliament’s authority
to regulate its own procedures.
“The Protocol clearly
empowers the Parliament to adopt its own Rules of Procedure,” another Member
said. “Yet many colleagues feel that, in practice, this authority is increasingly
exercised through the Commission and the Office of Legal Counsel.”
Officials familiar with
the Commission’s position note that the Office of Legal Counsel has
consistently maintained that any rules adopted by the Parliament must remain
fully consistent with the PAP Protocol and relevant Executive Council
decisions. They argue that the Commission’s interventions were intended to
prevent institutional inconsistencies rather than to interfere in parliamentary
affairs.
A Broader Institutional
Debate
According to several
lawmakers, the ongoing review of the Parliament’s Rules of Procedure has also
become a point of contention within the AU institutional framework.
Members note that while
the Executive Council has directed that the review process should continue,
some parliamentarians believe the process has increasingly drawn the Commission
and the Office of Legal Counsel into the internal affairs of the legislative
organ.
“The concern among some
Members is that the review of the Rules is no longer simply about ensuring
alignment with the Protocol,” one parliamentarian observed. “It is also seen as
a process through which external actors are influencing the internal governance
of the Parliament.”
Some lawmakers also
pointed to provisions of the Protocol establishing the Pan-African
Parliament concerning the presiding authority and convening of parliamentary
sittings. Article 14(1) provides that the Chairperson of the African Union
(not the AU Commission) presides only over the inaugural session of the
Parliament, after which the elected President assumes responsibility for
presiding over proceedings. Articles 12(5) and 12(7) further provide that the
President and Vice-Presidents manage and preside over parliamentary
proceedings. Article 14(3) also states that even when the Assembly of Heads of
State or the Executive Council seeks an extraordinary session of the
Parliament, the request must be addressed to the President, who then convenes
the sitting. Some Members say these provisions underline the internally
regulated character of parliamentary sittings under the Protocol, and have
raised questions about how election-related sittings outside the ordinary
session calendar should be convened within the established procedural
framework.
Some Members also argue
that when read together, Articles 12 and 14 of the PAP Protocol
establish a clear internal governance framework for the Parliament. Article
12 vests the management and administration of the institution in its elected
officers: the President and Vice-Presidents, assisted by the Clerk and Deputy
Clerks, while Article 14 outlines how parliamentary sittings are convened and
presided over. Within this framework, the Rules of Procedure adopted by
the Parliament serve as the operational mechanism through which the Protocol is
implemented, including the scheduling of ordinary sessions and the conduct
of parliamentary business. For some lawmakers and governance analysts, the
current dispute has therefore revived broader questions about how the
Parliament’s rule-making authority and internal procedures should interact with
administrative coordination from the AU Commission within the Union’s
institutional architecture.
Rotation Principle
Widely Accepted
Despite the concerns
raised over procedure, most Members interviewed emphasized that the principle
of regional rotation in PAP leadership is not in dispute.
Under the established
rotational sequence, the Northern Region is expected to produce the
next President of the Pan-African Parliament, following the current
leadership cycle.
However, several
lawmakers stressed that leadership transitions within the Parliament should be
conducted in a manner that reinforces institutional confidence across regional
caucuses.
“The issue is not about
which region produces the next President,” one Member explained. “The question
many colleagues are raising is about process and the need to protect the
institutional integrity of the Parliament.”
More broadly, some
observers say the episode reflects an ongoing debate within the African Union
system over the institutional independence of its organs. While the
AU Commission plays a central administrative and coordinating role within the
Union, bodies such as the Pan-African Parliament are established by legal
instruments with their own mandates and internal governance structures. Some
parliamentarians note that the Preamble to the Constitutive Act of the
African Union expressly commits Member States to being “further determined to
take all necessary measures to strengthen our common institutions and provide
them with necessary powers and resources to enable them discharge their
respective mandates effectively.” In their view, the current
developments raise questions about whether that commitment is being realized in
practice. Several Members lament that the Parliament has long struggled
with limited financial and administrative resources to fully exercise
its legislative and oversight functions, while at the same time AU
departments and structures that fall within its oversight mandate are
increasingly able to influence or shape the Parliament’s own administrative
processes because they are institutionally domiciled within the Union’s
headquarters. For some lawmakers and analysts, the situation highlights a
broader governance challenge within the AU system: how to maintain effective
administrative coordination through the Commission while safeguarding the
operational autonomy and institutional authority of the Union’s organs.
Awaiting Outcome of
Member State Consultations
According to the AU
Commission letter, consultations with Member States regarding the possible
postponement of the elections and the new timetable are ongoing, and the
outcome will be communicated to all Members of the Pan-African Parliament.
Until then, the Parliament
enters a transitional period that is likely to generate continued debate among
lawmakers and policy observers across the continent about the future direction
of Africa’s continental legislature.
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