In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

Unconstitutional changes, especially coups d’états, have undoubtedly eroded peace and security in many parts of the African continent. These occurrences have also stunted the development of democracy in some African states. The African Union (AU), supported by sub-regional bodies, addresses this problem by imposing sanctions on the regimes that acquire power through coups with the aim of restoring political order. However, this sanctions policy has produced mixed results. In some cases, these sanctions managed to succeed in achieving their objectives (Guinea) while in other instances sanctions failed to achieve their objectives (Madagascar). It is therefore imperative to inquire into the circumstances and assess the conditions under which the AU sanctions policies failed and succeeded in restoring political order to states that experience coups d’états. / Political Sciences / M.A. (International Politics)

Unconstitutional changes, especially coups d’états, have undoubtedly eroded peace and security in many parts of the African continent. These occurrences have also stunted the development of democracy in some African states. The African Union (AU), supported by sub-regional bodies, addresses this problem by imposing sanctions on the regimes that acquire power through coups with the aim of restoring political order. However, this sanctions policy has produced mixed results. In some cases, these sanctions managed to succeed in achieving their objectives (Guinea) while in other instances sanctions failed to achieve their objectives (Madagascar). It is therefore imperative to inquire into the circumstances and assess the conditions under which the AU sanctions policies failed and succeeded in restoring political order to states that experience coups d’états. / Political Sciences / M.A. (International Politics)