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Within the context of the current debate on the institutional transformation of the African Union (AU), this article examines the position of the chairperson of the AU Commission (Commission). The importance of the Commission chairperson cannot be over-emphasized. As the head of the “engine room” of the AU, it is pertinent that s/he is given the requisite powers to oversee the proper functioning of the secretariat, which would in turn propel the progressive development of African integration. This article argues that the current intergovernmental nature of the AU, where real decision making powers are held by member states, curtails the Commission chairperson from playing a meaningful role in the integration process. It highlights certain fundamental factors for ensuring the relevance of the chairperson. These include the institutional transformation of the AU, a review of the eligibility requirements for the Commission chairperson, a broad-based election process and hybridized functions.

The transformation of the Organisation of African Unity (OAU) to the African Union (AU) in 2002 was seen as a positive development in the process of continental integration in Africa. With an institutional architecture largely inspired by the European Union (EU) model, the AU was positioned to infuse new and vibrant energy into the stagnated process of achieving deeper unity. After a decade of existence, little has been achieved in terms of deepening continental integration. It is against this background that this article considers the feasibility of adopting legal frameworks for flexibility arrangements in the AU. What this implies is the establishment of legal arrangements that could enable member states with similar interests to pursue integrative objectives at a determinable and attainable pace and speed. This article examines the possibility of placing key integrative objectives such as democratic governance, trade and immigration within the context of a flexibility approach. Lessons are drawn from the operation of flexibility arrangements in the EU, Asia and regional economic communities across the African continent to further buttress the essence of this idea.

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