it would be legally required that the Chairperson of the AUC, in addition to communicating the concurrence of each member state polled on the request to an intending member State, to also inform the requesting state that the request would be placed before the Assembly, which has the ultimate decision making power to consider the request for membership of the Union. 17. In placing the request before the Assembly, the Chairperson of the AUC would then brief the Assembly on the Article 29(2) process that was undertaken. To prevent any conflict with the supreme power of the Assembly to make a decision on membership of the Union under Article 9(c), legal prudence requires that the action of the Chairperson of the Commission under Article 29(2), would at best be a determination of the admissibility of the requesting African State for membership of the Union based on a simple majority of Member States polled on the request. The communication by the Chairperson to the requesting African State would then be a decision on the admissibility of that intending member state, which would then be finally placed before the Assembly for its consideration and final decision. 18. It would be expected that, guided by Article 7 of the Constitutive Act and its Rules of Procedure, the Assembly would then decide on the request taking into account the admissibility decision of Member States polled and as reported by the AUC. The Assembly may also take other factors it deems fit into account in considering the request that is placed before it. 19. Let me conclude, members of the esteemed Council by opining that above all, despite a favorable admissibility decision from the process under Article 29(2) as well as favorable decision of the Assembly after considering the request for membership, an intending African State can only be a member of the Union after it has acceded to the Constitutive Act and deposited the instrument of accession with the Chairperson of the AUC as required by Article 27(3) of the Constitutive Act. 20. As in ratification, accession to the Constitutive Act or any treaty for that matter, is dependent in each country’s constitutional system and practice. I thank you. 12 August 2016 Page | 4

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