THE AFRICAN UNION PAN AFRICAN PARLIAMENT DRAFT PROVISIONAL RULES OF PROCEDURE PROPOSED AMENDMENTS BY SOUTH AFRICA 29 JULY 2004

As considered by the Rules Committee From 3-7 May 2004 Addis Ababa. Ethiopia

GENERAL PROVISIONS

The Pan-African Parliament,

Having regard to the Constitutive Act of the African Union, and in particular Article 17,

Having also regard to the Protocol to the Treaty establishing the African Economic Community relating to the Pan-African Parliament, and in particular Article 12,

HAS ADOPTED THESE RULES OF PROCEDURE:

PART ONE

RULE NO. 1

PRELIMINARY

Interpretation

In these Rules of Procedure, the following expressions and words shall have the meanings assigned to them hereunder:-

Assembly

means the Assembly of Heads of State and Government of the African Union;

AEC

means the African Economic Community established by the Treaty establishing the African Economic Community adopted in Abuja, Nigeria, on June 03, 1991;

Bill

means the draft of an Act of Parliament and includes bills initiated by private Members and the Council;

Bureau

means the officers of the Pan African Parliament as provided for in Article 12(5) of the Protocol;

Chair

means the official seat in the Chamber reserved for the use of the President or any other Member presiding;

Chairperson

means a member of the Pan African Parliament elected to chair a Committee and includes such a Member chairing the Committee of the Whole House;

Clerk

means the Clerk of the Parliament appointed in terms of Article 12(6) of the Protocol and "Deputy Clerk" shall have a corresponding meaning;

Committee

means a Committee established by the parliament;

Committee of the Whole House

means a Committee composed of the whole body of

Members of the Parliament;

Commission

means the Commission of the African Union, which is its Secretariat;

Constitutive Act

means the Constitutive Act of the African Union, adopted by the Assembly of Heads of State and Government of the Organization of African Unity during its 36th ordinary Session in Lome, Togo on July 11, 2000; and subsequent Protocols amending it;

Executive Council

means the Executive Council of Ministers of the African Union;

Court

means the Court of Justice of the African Union, provided for by Article 18 of the Constitutive Act;

Division

refers to the process of decision making by the Parliament whereby Members file through the Lobbies;

Dean

means the eldest member of the Parliament as ascertained by the Credentials Committee;

End of Legislature

Means the due end of a term of the Parliament having lasted five (5) years since the day of which it first sat:

Functions

Includes roles, powers and duties;

General Convention On Privileges and Immunities

means the General Convention on Immunities and Privileges of the Organization of African Unity adopted on 25 October 1965, in Accra, Ghana;

House

means the Pan African Parliament of the African Union;

Journal

means the official record of the business of the Pan African Parliament, including all proceedings transacted/done at a sitting of the Parliament or a Committee, pursuant to provisions of Rules Nos. 24 and 25;

Leave of the House

refers to permission or presumed agreement given by majority of Members of the House;

Member

means a Member of the Pan African Parliament appointed/elected pursuant to the Protocol;

Member State

means a Member State of the African Union:

Motion

refers to a proposal made by a Member that the Parliament or a Committee do something, order something to be done or express an opinion concerning some matter:

National Assembly

refers to the legislative body of a Member State;

OAU

means the Organization of African Unity;

Oversight Committee

means the Committee of the Parliament empowered with functions of supervision/surveillance over the work functions and activities of the organs/institutions of the

Parliament, provided for by Rule No. 95;

Parliament

means the Pan African Parliament of the African Union;

Petition

refers to a written prayer or plea presented to the Parliament

Precincts

includes the Chamber of the Parliament, every part of the buildings in which are situated such chambers, the offices of the Parliament, the galleries, and places provided for the use of accommodation of Members, Staff, Members of the Public and representatives of the media and any forecourt, yard, garden, enclosure or open space, appurtenant thereto and used or provided for the purpose of Parliament

President

means the Member of the Pan African Parliament elected to conduct the business of parliament in accordance with Article 12(2) of the Protocol;

Presiding Officer

means the President and Vice-Presidents in their capacity of presiding over proceedings of the Parliament

Privilege

refers to the exemptions to the usual application of the Laws to enable Members and the Pan African Parliament execute their mandate without undue hindrance; and includes powers and Immunities pursuant to provisions of Rule No. 8;

Protocol

means the Protocol to the Treaty establishing the African Economic Community relating to the Pan African Parliament adopted in Sirte, Libya, on 2 March 2001;

Question

means a proposal presented to the Pan African Parliament or a Committee by the President or Chairperson of a Committee for consideration and decision or disposal in some manner;

Recess

means a period during which the House stand adjourned to any day other than the next normal sitting day;

Segment

refers to one or more periods within a Session separated by brief adjournment/recess;

Select Committee

refers to the Committee of the Pan African Parliament formed on resolution whose term expires on reporting;

Session

refers to the sittings of the House commencing when it first sits after formation and terminating when it is adjourned sine die;

Sitting

refers to a period during which the Pan African Parliament is sitting continuously without adjournment and includes any period during which the Parliament is in Committee;

Sitting Day;

means, any day on which the Pan African Parliament or the Committee sits;

 

Member of the Public

means a person other than the President, a Member, or an officer of the Pan African Parliament;

Substantive Motion

means an independent Motion of which notice is duly given but which is neither incidental nor relating to a proceeding or order of the day already before the House

Table

means the Clerk's Table;

Union

means the African Union established by the Constitutive Act.

 

PART TWO

GENERAL MATTERS

RULE NO. 2 Seat of Parliament

The seat of Parliament shall be located at such place as shall be determined by the Assembly as as provided for in article 16 of the Protocol.

The seat of Parliament is South Africa, unless otherwise directed by the Assembly.

While the AU Summit has decided that South Africa will host the Pan African Parliament, provision is made in the Rules for this decision to be changed should the Assembly so decide.

RULE NO. 3 Members of Parliament

Parliament is an organ of the Union, composed of Members elected or designated pursuant according to the provisions of Article Articles 4 and 5 of the Protocol.

 

RULE NO. 4 Exercise of mandate

Members shall exercise their mandate independently and shall not be bound by any instructions or orders from any person or authority.

RULE NO. 5 Privileges and Immunities

1. Members shall enjoy privileges and immunities in accordance with the provisions of the General Convention on Privileges and Immunities and the Vienna Convention on Diplomatic Relations in conformity with articles 8 and 9 of the Protocol.

2. Parliament may waive the immunity of a member only if he or she is found in the act of committing an offence, or in the event of prosecution which has been authorized or a definitive sentence. Waiver must always be express.

3. The immunity of a member may only be waived upon advice of the Disciplinary-Committee Sub-Committee.

4. Members shall be entitled to have access to any files/records received and held by Parliament or a Committee, other than personal files and accounts, which only the Members concerned shall be allowed to inspect.

RULE NO. 6 Attendance of Members at sittings

1. An attendance register shall be laid open for signature by Members at each sitting. A member may tender an apology for failure to attend with valid reasons, which shall be recorded.

2. he names of Members present, as shown in the attendance register, shall be recorded in the Votes and Proceedings of each sitting.

3. The Votes and Proceedings of each sitting shall be authenticated by the signature of the Clerk of the Parliament and circulated to all Members.

Should Rule 6 apply to Committees also? The Chairperson of a Committee shall keep a register of attendance, duly signed by the Chairperson, at each Committee meeting.

RULE NO. 7 Verification of Membership

1. At the start of life of each Parliament, before the swearing in of members At least one (1) month prior to each sitting, unless otherwise directed by the Bureau, the Clerk shall invite the National Legislative Bodies of the Member States to provide the Credentials Committee

Sub-Committee with any information relevant for the verification of membership of their elected or designated Members elected or designated by the their respective National Parliament or any-other

deliberative organ.

2. Where the National Legislative Bodies of the Member States notify the Clerk that the status of the elected or designated Member has become incompatible with membership of Parliament in accordance with Article 7 of the Protocol, the Clerk shall notify the Credentials Committee-Sub-

Committee. The President shall declare the election or designation of such Member invalid. The Credentials Sub-Committee will report such incompatibility to the House.

3. Upon such declaration, the Clerk shall inform Parliament and the competent authority-of the Member State concerned-

RULE NO. 8 Term of office of Members

1. The tenure term of office of each Member shall begin on the date he

or she is sworn in.

2. Membership shall cease when ho or she ceases to be a member of national parliament or any other national legislative or deliberative body

3. .Membership shall also cease if a Member exercises an executive or judicial function in a Member State, in application of Article 7 of the Protocol.

4-2 A seat of a Member shall become vacant if he or she:

i)Dies

ii) Resigns in writing to the President;

iii) Is unable to perform his or her functions for reasons of physical or mental incapacity;

iv) Is removed on the grounds of misconduct;.

v) Is recalled by the National Parliament or other deliberative organ;

vi) Ceases to be a Pan-African Parliamentarian in terms of Article 19 of the Protocol.

vii) Ceases to be a member of a National Parliament or other deliberative organ:

viii) Exercises executive or judicial functions in a Member State in accordance with Article 7 of the Protocol.

3 The Office of the President or Vice-President shall become vacant if he

or she:

i) Dies:

ii) Resigns in writing to the President of the African Union:

iii)Is unable to perform his or her functions for reasons of physical or mental incapacity:

iy)is removed on the grounds of misconduct;

v)Is recalled by the National Parliament or other deliberative organ:

vi)Ceases to be a Pan-African Parliamentarian in terms of Article 19 of the Protocol.

vii)Ceases to be a member of a National Parliament or other deliberative organ;

viii) exercises executive or judicial functions in a Member State in accordance with Article 7 of the Protocol.

4. Removal on the grounds stipulated in 5(w) or (iv) above shall be on a motion to be decided on by secret ballot and supported at the end of a debate by at least two-thirds majority of all the Pan-African Parliamentarians. In the case of removal stipulated in 5(iv). the motion shall, in addition, be supported by a medical report.

5. The-vacancies in the cases in-Sub-rule (4) above shall be declared by the President upon advice of the Management Committee.

5. The President shall report any vacancies in terms of Sub-rule (2) to the House at the sitting of the House immediately following such vacancy upon recommendation of the Credentials Sub-Committee.

6. Should the vacancy be in relation to the President, the Clerk shall declare the vacancy report such vacancy to the House at the sitting of the House immediately following its occurrence.

7. The most senior vice president first Vice-President shall act as President, and in his or her absence, the next most senior Vice –President Vice-Presidents in order of their rating.

8. The President shall report any vacancy of the Offices of the Vice- Presidents to the House at the sitting of the House immediately following its occurrence.

8-9. The-A vacancy in the Office of the President or Vice-President shall be filled in conformity with Article 12(10) of the Protocol.

To ensure Regional representation on the Bureau between sittings, should a vacant post

of Vice-President also be filled by an Acting Vice-President from the same region?

RULE NO. 9 Code of Conduct

1. Parliament shall prescribe a Code of Conduct for its Members. The Code shall be adopted by Parliament and attached to these Rules.

2. The code shall not in any way prejudice or restrict a Member in the exercise of his or her office or of any political or other activity relating thereto.

3. The Code shall have provisions on the conduct of visitors or persons generally allowed into the precincts of Parliament who shall be issued entry passes by the Clerk.

The Code of Conduct in the Rules should be restricted to Members. The Clerk should be

charged with developing a Code of Conduct for visitors, general public and staff.

SESSIONS OF PARLIAMENT

RULE NO. 10 Parliamentary Term

1. The first term of Parliament shall run from the day it first sits following Inauguration and shall terminate-expire after five (5) years from that day.

2. The new term of Parliament shall commence ninety (90) days from the date on which the term of the previous parliament-is terminated expires.

3. Parliament shall determine the timing for its sessions, segments and daily sittings,

This provision deals with programming rather than with the Term of Parliament.

RULE NO. 11 Convening of Parliament

1. Parliament shall hold two ordinary sessions within a period of twelve (12) months. The first session shall be held during the first three (3) months of the year and the second, during the last-three (3) months third quarter (July to September)

2. A session of Parliament may last up to one (1) month during which the Plenary and Committees shall conduct their business.

3. Whenever, the House stand adjourned to a specific day, the President shall, at the request of the house, designate a day.

4. In urgent cases or at the written request of at least fifty (50) one hundred (100) Members, the President in consultation with the other members of the Bureau, shall designate a day for reconvening, other than the day already designated.

5. At the request of two thirds of Parliamentarians, the Assembly or the Executive Council, Parliament may meet in extraordinary session.

RULE NO. 12 Venue of Sittings of Parliament and Committees

1. Parliament shall hold its sittings and those of its Committees at its seat

as determined by the Assembly.

2. A Committee may request to hold one or more sittings elsewhere. Such request, with the reasons therefore, shall be made to the President, who shall place it before the Bureau. Should the request be rejected by the Bureau or the President, the reasons for the rejection

shall be stated.

3. At the directive of the Bureau or the Assembly or at the request of at least fifty (50) Members, the Parliament may sit in extraordinary session at a venue other than the seat.

This provision allows for the Parliament to sit in any of the Member States in order to perhaps draw the Continent's or the Worlds attention to issues that that particular country may be experiencing e.g. abject poverty, famine, conflict, political unrest etc. This would also give greater impetus to the promotion of democracy and good governance.

RULE NO. 13 Functions of Parliament

In its consultative and advisory role and in accordance with the provision of Articles 3, 11 and 18 of the Protocol, Parliament shall:

1. Facilitate the implementation of the policies, objectives and programmes of the Union and their effective implementation by the various organs',

2. Promote human and peoples' rights, consolidate democratic institutions and the democratic culture, good governance, transparency and the Rule of Law by all Organs of the Union, Regional Economic Communities and Member States;

3. Carry out the activities of sensitization of Create awareness amongst the peoples of Africa on:

i) the objectives, policies, aims and programmes of the African Union;

ii) the strengthening of continental solidarity, cooperation and development;

iii) the promotion of peace, security and stability on the African Continent, and;

iv)the necessity for the pursuit of a common economic recovery.

4. Contribute to the harmonization and coordination of the laws of Member States in accordance with Article 11(3) of the Protocol, into Uniform Acts applicable in all Member States

5. Ensure the coordination of the policies, measures, programmes and activities of Regional Economic Communities and their respective Legislative Bodies;

6. Make, examine and adopt its own budget, its own Rules of Procedure, elect its members of the-bureau Bureau, employ and manage its own staff:

7, Examine and debate the Budget of the African Union and the Rules of Procedure of all its organs;

8. Exercise legislative and other functions as shall be defined by the Assembly;

9 Perform all other functions as are incidental to or likely to enhance the carrying out of the above functions.

RULE NO. 14 Powers of Parliament

In the discharge of the functions provided in Rule. .above, parliament shall have the powers to:

1 Organise debate on the objectives, policies, aims, programmes and activities of Regional Economic Communities, on all matters relating to the proper functioning of organs and the life of the African Union.

2 Give opinion and advice on its own initiative or at the request of any of the organs of the African Union, a Regional Economic Community or the Legislative Body of any Member State;

3. Make recommendations and take resolutions on all matters relating to the African Union and its organs, Regional Economic Communities and their respective organs, Member States and their organs and institutions;

4. Issue invitations to the representatives of the organs of the African Union, Regional Economic Communities and their organs, Member States and their organs and institutions to furnish explanations in plenary on issues affecting or likely to affect the life of the African

union;

5 Exercise all other powers as are incidental to or auxiliary to the discharge of its functions.

RULE NO. 15 Composition

The organs of Parliament shall be:

1. The Bureau:

2. The Committees; and

3. The Secretariat.

RULE NO. 16 The Bureau - Membership

The Bureau of Parliament shall consist of the President and the four (4) Vice Presidents. The President shall chair the Bureau and in his or her absence the First Vice President.

RULE NO. 17 Elections

1. The elections of the members of the Bureau shall be conducted in accordance with the provisions of Article 12 of the Protocol and these Rules at the beginning of a new term or whenever a vacancy occurs in any of the offices.

2. The elections shall be by secret ballot and simple majority of members present and voting.

3. Candidates who obtains-obtain the simple majority shall be declared winners duly elected.

4. If no candidate obtains the required majority or in the event of a tie, a second ballot shall be conducted but shall be restricted to the two (2) candidates who obtained the highest or equal number of votes at the previous ballot.

5. At the beginning of a new term, the Dean-President of the African Union shall preside over the elections of the President including the administration of Oath or Affirmation of allegiance.

It is unusual to provide for the President to be sworn in by an ordinary Member. Furthermore, this provision may be problematic if the Dean is a candidate for presidency or furthermore if the Dean is elected President. It is therefore advisable that an independent senior person performs this function.

6. Thereafter, the President shall preside over the elections of the Vice- presidents and the administration of Oath or Affirmation of allegiance.

7. In the election of the President and the vice Presidents, care should be taken of the need to ensure that not more than one of the five would be from the same region and at least one (1) is from the opposite sex.

8. In the event that all the candidates elected as Vice Presidents are from the same sex, the candidate with the highest vote from the opposite sex shall replace the winner from that region.

This could mean that the First Vice-President is replaced.

9. During the process of election there shall be no debate.

10. The terms of office of the President and the Vice Presidents shall run with their term in the national Parliament or the deliberative organ which elects or designates them unless, they are precluded by the provisions of Articles 5 (4) and 7 of the Protocol. A member who fills a vacancy shall only serve for the balance of the term of Parliament.

RULE NO. 18 Nominations

1. Each region shall nominate two (2) candidates, one of whom must be of the opposite sex.

2. Candidatures for elections for the offices of President and Vice Presidents shall be submitted on prescribed nomination forms not later than two (2) hours before the sitting of Parliament to elect the Bureau.

3. The Clerk shall call for submission of nominations one (1) week before the sitting of Parliament which is set to elect the Bureau. He-The Clerk shall display, at the Chamber of Parliament, the list of the nominations and shall prepare the ballot papers at least one (1) hour before the sitting of the House.

4. A candidate may withdraw his or her candidature at any time before or during the elections. The Clerk shall announce such withdrawal without delay, upon receipt of a written notification.

RULE NO. 19 Functions of the Bureau

1. The Bureau shall determine decisions for regulations and procedures for the financial, organizational and administrative needs and matters concerning Members and the internal organization of Parliament, its Secretariat and its bodies.

2. The Bureau shall determine the draft Agenda and the programmes of the sessions of Parliament.

3. The Bureau shall determine propose to the Council and the Assembly the establishment plan and structure of the Secretariat in accordance with Article 11(8) of the Protocol and lay down regulations for the staff, including their terms and conditions of service.

4. The Bureau shall propose the appointment of appoint the Clerk, deputy Deputy Clerks and the other staff of the Secretariat to the Executive Council and the Assembly in accordance with Article 12(6) of the Protocol.

5. The Bureau shall examine and adopt a draft Budget of Parliament prepared by the Management Committee. The Bureau shall determine the date on which the budget of Parliament incorporating individual budgets of the organs ;organs shall be presented to Parliament.

6. Thereafter, the President shall present the draft Budget to the Assembly for consideration and adoption, through the Executive Council.

7. The Bureau shall be responsible for the management and administration of the affairs and facilities of Parliament and its organs in conformity with Article 12 (5) of the Protocol.

RULE NO. 20 Powers and Functions of President

1. The functions of the President shall be, inter alia:

i) Represent Parliament at the Assembly;

i)ii) Represent Parliament in its relations with outside bodies;

ii) iii) Convene; preside over all Parliamentary proceedings and the meetings of the Bureau, except proceedings held in Committees;

iii) iv) Apply and interpret these Rules;

iv) v)) Follow up on the implementation of the decisions of the Bureau and the Plenary;

v) vi) Be the Chief Accounting Officer of Parliament;

vi) vii) Open, suspend and close sittings;

vii)-)viii) Maintain order;

viii) x) Call upon speakers;

ix) x) Rule on the admissibility of draft resolutions and amendments thereto"

x) xi) Close debates;

xi) xii) Put matters to the vote and announce the result of votes;

xii) xiii) Refer matters to committees;

xiii) xiv) Perform any other functions pertaining to the President of Parliament

2. The President may delegate his or her powers, functions and responsibilities to a Vice President or Vice Presidents.

RULE NO. 21 Duties of Vice President

1. The Vice President Presidents in the order of the ranking and by rotation shall act as President in his or her absence or when he or she is unable to discharge his or her duties.

2. The Vice Presidents shall also carry out the duties conferred upon them under these Rules.

RULE NO. 22 Powers and functions of officer presiding over the plenary and Committees

The presiding officer over a sitting of Parliament and Committees enjoys all the powers necessary to ensure that proceedings are properly conducted. In this regard, he or she shall enjoy the powers provided for in Rule... of these Rules.

RULE NO. 23 Committees

1. Parliament shall establish such Committees for such purposes and durations as it may deem necessary for the efficient and effective execution of the mandate and functions of Parliament.

2. Each Committee shall consist of twenty-five (25) Members. Each region shall designate five (5) members and shall ensure gender balance.

3. Each Committee shall elect a Chairperson, a Vice Chairperson and three (3) rapporteursand a Vice-Chairperson from amongst their its Members

Committees will report in writing to the House. Committee Secretaries will be responsible for minutes of Committee meetings; Members serving as rapporteurs : therefore not required.

4. The Quorum of each Committee shall be constituted by a simple majority of its Members.

5. A Committee may proceed with business irrespective of member present, but may decide a question only if a quorum has been constituted

6. Each Member shall only-serve on only one (1) Committee-for two years and a half.

7 .The Committee shall take decisions by simple majority. In the event of an equality of votes, the Chairperson shall exercise a casting vote in addition to his-or her vote as a Member of Parliament.

This is provided for under Rule 26 - Decision-making

RULE NO. 24 Procedure of Committees

1 The procedure in a Committee shall be the same as that in Committee

of the Whole House, save where the provisions are not applicable.-

The current Rules do not provide for procedure in Committee of the Whole House.

Need to clarify when/why the House will sit in Committee. How is this different

from plenary sessions?

2. A Committee may continue its deliberations although the House is adjourned or Parliament is prorogued.

3-3 The Minutes of a Committee shall be signed by the Chairperson or the Member acting on his or her behalf and shall be kept by the Clerk:

3.4. A Committee shall have power to receive evidence, call witnesses and require production of papers and documents.

4.5.. The minutes of a Committee on-its-proceedings shall-be laid on the table of the House by the Chairperson or the Member acting on his behalf Chairperson or the Member acting on his or her behalf shall lay the minutes of a Committee on its proceedings on the table of the House

6. The deliberations of a Committee shall be confined to the matter referred to it by the House and any extension or limitation thereof directed by the House and. in case of a Committee on a Bill. to the Bill committed to it and relevant amendments.

5.7.. The -A Committee may also submit to Parliament recommendations addressed to organs, institutions or bodies of the Union.

8. A Committee may express its need to hire expert services to the Management Sub-Committee, which shall make a recommendation for the consideration and decision by the Bureau.

RULE NO. 25 Modalities of Operation of Committees

1 The proceedings of the Committees shall be in any of the official languages unless the Committees decide otherwise,

2. A Committee may establish one or more sub-Committees from among its members. Such Sub-Committees shall report to the Committee that set them up.

3. The procedure of Sub-Committees shall be the same as for Committees.

4 Subject to the approval of the President, the The Committee may invite any organ of the Union or any other person to take part in its proceedings.

5. The Committee may also invite any ether person to attend and speak at its session

6-5. Members may attend meetings of Committees to which they do not belong as observers but may not take the floor or have a right to vote

7-6. The proceedings of the Committee shall be held in public. However the Committee may decided to hold closed meetings.

South Africa prefers the provision for public Committee meetings with closed meetings held under exceptional circumstances. This supports the principles of democracy (transparency, openness, public access, accountability)

The proceedings of the Committee shall be closed.]

RULE NO. 26 Decision-making

4-1. Decisions in the Committees shall be taken by consensus and failing which by simple majority of members of the Committee.

5-2. Voting in the Committee shall be by show of hands unless, a third of the Members request a vote by secret ballot.

The Rules Committee could not reach a consensus on this issue and decided to refer the two proposals to the Plenary for decision

3. Where a vote on a question, which shall be by show of hands, is not unanimous the names of the Members voting for and against the question or declining to vote respectively shall be recorded in the minutes.

    1. The Chairperson of the Committee shall have an original a casting but not a casting an original vote.

RULE NO. 27 Establishment of Committees

In conformity of Article 12(13) of the Protocol, the following Committees shall be

established:

1. Committee on Finance, Planning, Development, Investment, Economic and Monetary Affairs.

the Protocol.

2. Committee on Legal, Justice and Citizens Freedoms, Human Rights, and Conflict Resolutions.

3. Committee on Trade, Industry, Technology and Energy

4. Committee on Agriculture, Rural Development, Natural Resources and Environment

5. Committee on Regional Co-operation and External Relations.

6. Committee on Transport, Communications and Tourism.

7. Committee on Culture, Education, Youth, Family, Sports, Health and Social Affairs.

8. Committee on Management and Liaison

i) The Committee shall consist of the Management Sub-Committee and the Liaison Sub-Committee.

i) ii) The Management Sub-Committee of Parliament shall comprise the Hon. President, the four Vice Presidents and one representative from each of the five regions.

ii) iii)The Chairperson of the Executive Council and the Chairperson of the Commission shall attend upon invitation by the Hon. Chairperson.

iii)iv) Should voting in the Management Sub-Committee result in a tie the Hon. President shall have a casting.

iv) v) The Management Sub-Committee shall be chaired by the Hon President and in his or her absence the first Vice President; while the Clerk shall be the Secretary.

v)vi) The Management Sub-Committee shall be one of the Housekeeping Committees of the Parliament and shall comprise ten (10) members as stipulated in Sub-rule 8(1!) above.

vi)The Management Committee shall comprise the Bureau, the Representatives of the Regions, while the Chairperson of the Executive Council and the Chairperson of the Commission-shall attend by invitation of the Chairperson.

vii) The Management Sub-Committee shall be constituted within five days after the first sitting of the first Session at the start of a new term of Parliament.

viii) The tenure of the Management Sub-Committee shall be two and a half years equal to the term of the Parliament.

ix) The Management Sub-Committee once constituted shall sit at least two days prior to the day on which a segment of a Session is due to commence.

x) The minutes of the sittings and records of the Management Sub-Committee shall be recorded and kept by the Clerk, and shall be available only to Members of the Committee.

xi) The Management Sub-Committee shall present its report to the Parliament on the second sitting of a new Session.

xii)The Chairperson of the Management Committee shall be-the-Hon President; and in her absence the first Vice President shall take the Chair.

xiii)xii) Should circumstances arise not enabling the Management Sub- Committee to sit, the Bureau shall tentatively carry out its functions.

xiv)xiii) The Management Sub-Committee shall carry out the duties assigned to it under the Rules of Procedure.

xv)xiv)The Management Sub-Committee shall present advice on financial, organizational and administrative decisions on matters concerning Members and the internal organization of

Parliament, its Secretariat and its bodies.

xvi)xv)The Management Sub-Committee shall take decisions on matters relating to the conduct of sittings.

xvii)xvi)The Management Sub-Committee shall deliberate on the draft budget of the Parliament, finalize it and present it together with any comments to Parliament-President for approval and

presentation to the House.

xviii) xvii) To organize The Management Sub-Committee shall organize the programme of the business of the Parliament;

xix) xviii) The Management Sub-Committee shall To receive proposals of membership to all Committees from the Leaders of the Regions and formally appoint recommend the formal

appointment of the Members to-of these Committees to the House for adoption:

xx) xix) When a new Parliament is constituted, the outgoing Management Sub-Committee shall remain in office until the first sitting of the new Parliament.

xxi)xx)The Management Sub-Committee shall To-carry out any other function that is incidental to the furtherance of the above.

xxi) The Liaison Sub-Committee shall consist of the Chairpersons of all Standing and ad hoc Committees and shall be chaired by the second Vice President.

xxiii)xxii) The Liaison Sub-Committee shall guide and co-ordinate the operations, policies and mandates of Committees.

xxiv)xxiii) The Liaison Sub-Committee shall receive, deliberate on and forward the annual operating budgets of Committees to the Bureau for apportionment.

xxv)xxiv) The Liaison Sub-Committee shall consider the programme of the Committees.

xxvi)xxv) The Liaison Sub-Committee shall deliberate and recommend to the Management Sub-Committee which of the reports of the Committees shall be debated in the House.

9. Committee on Accreditation, Procedure, Privileges and Immunities, and Discipline

i) There is an Accreditation Sub-Committee.

ii) The Accreditation Sub-Committee consists of three member from each region, provided that no two members of the committee may be from the same parliament or deliberative organ.

iii) The-A member of the Bureau is-shall be the Chairperson of the Accreditation Sub-Committee. If the chairperson is not available, the committee shall appoint one of its members to

perform the duties and functions of the Chairperson.

iv) The Accreditation Sub-Committee must consider and make recommendations to the President concerning the accreditation of parliamentarians comprising the representation of from each Member State.

v)Serve as and to the extent to which the Chairperson may in his or her discretion otherwise direct for purpose of facilitating the full consideration and discussion of the matter referred to the Committee, the procedure in a Committee shall be as nearly possible the same as that in Committee of-the Whole House:

vi)Provided that any question arising in a Committee shall be decided by vote and the resolution on any such vote shall constitute the decision of the Committee on that question-

vii) The minutes of a Committee shall be kept by the Clerk

viii)Provided that where a vote on a question, which shall be by show of hands, is not unanimous the names of the members voting for and against the question or declining to vote respectively shall be recorded in the minutes

ix) A-Committee may continue its deliberations although the House is adjourned or-Parliament is-prorogued:

x)A committee shall have the power to receive evidence, send of persons and require production of-papers and documents as-the powers and -privileges may-provide

xi)The deliberations of a Committee shall be confined to the matter referred to it by the-House and any extension or limitation thereof directed by the House and, in case of a Committee-on a Bill, to the Bill committed to it and relevant-amendment

xii) The Committees may make their need to hire expert services to the Management Committee which shall make a recommendation for the consideration and decision by the Bureau

xiii)v) A Disciplinary Sub-Committee may be appointed by resolution of the Parliament.

xiv)vi) The Disciplinary Sub-Committee consists-shall consist of the most senior First Vice-President and a member designated by each of the regional caucuses.

xv)vii) The most senior First Vice-President convenes a meeting of-the Disciplinary Sub-Committee and serves as Chairperson.

xvi)viii The Disciplinary Sub-Committee

a) at At the President's request, must investigate any alleged infringement by an Assembly member, except an infringement that involves the privileges or proceedings of

the Parliament; and

b) must Must report to the President.

10 Committee on Library, Research, Information, Facilities and Services Committee.

Rule No. 28 The Secretariat - Composition

1. The Secretariat shall be composed of:

i) The Clerk;

ii) Two (2) deputy Deputy Clerks: and

ill") Other Staff

2. Parliament shall appoint upon recommendation of the Bureau the Clerk, deputy-Deputy Clerks and other staff and functionaries, as it may deem necessary for the proper discharge of its functions.

3. The Clerk and deputy Clerk Deputy Clerks shall give a solemn undertaking before the Bureau to perform their duties conscientiously and with absolute partiality impartiality.

4. All staff of Parliament shall give a solemn undertaking for due execution of duty, before the clerk Clerk.

5. The privileges and immunities enjoyed by the Clerk, deputy-Deputy Clerks and other staff shall be determined by the Bureau. The President of the Parliament shall inform the Member States and the appropriate authorities of the Union accordingly.

Rule 29: Functions of the Clerk

The Clerk shall:

i) Head the Secretariat;

ii) Prepare and conduct the election of the President and Vice Presidents under the supervision of the Dean or the President of the African Union;

iii) Take-Ensure that minutes of all the proceedings of Plenary and Committees are taken:

iv) Supervise the staff of the Secretariat;

v) Manage administrative day to day affairs of Parliament

The Following outstanding matters are to be addressed in the Rules:

1. Rules of Debate

2 Declaration of assets/interest by Members

3 Voting procedures in Plenary

4 Seating arrangements in Plenary

5 Symbols for Parliament

6 Subsistence and Travel Allowances for Members and Staff

7 Oath and swearing-in procedures

8 Mechanisms for the consideration of AU reports