African Unity to the African Union heralded a new era for democracy, rule of law and good governance in Africa. For the first time, African states pledged to protect and promote democratic principles and values across the continent. In line with this commitment, the African Union adopted the African Charter on Democracy, Elections and Governance, a legally binding instrument which seeks to ensure the realisation of these values. In doing so, the AU sought to bring unconstitutional change of government to an end. Although the Charter has resulted in the reduction of traditional forms of unconstitutional change of government such as coups d’état, subtle forms of unconstitutional change, such as so-called “third termism”, have emerged over the years and is becoming more prevalent across Africa. The AU has remained unresponsive to this development, which raises a number of questions, for instance, whether: Third termism constitutes an unconstitutional change of government; what the effects of third termism on the consolidation of democracy, rule of law good governance and accountability would be; and what the prospects for establishing a regional framework for third termism are. This paper examines the impact of third termism on the consolidation of democracy and rule of law. It is argued that the African Charter on Democracy, Elections and Governance in its present form cannot be relied upon in tackling the problem of third termism. It is also submitted that the AU has no political will to face this challenge. The indifference towards third termism not only reverses the gains made regarding the promotion of democratic principles and values, but also demonstrates double standards when it comes to the implementation of the AU’s legal instruments.

Keywords: Unconstitutional Change of Government, Third Termism, Term Limits, Rule of Law, African Charter on Democracy, Elections and Governance.