African Court Cases

Article 23

Definitions of unconstitutional changes of government

State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: 1. Any putsch or coup d’Etat against a democratically elected government. 2. Any intervention by mercenaries to replace a democratically elected government. 3. Any replacement of a democratically elected government by armed dissidents or rebels. 4. Any refusal by an incumbent government to relinquish power to the winning party or candidate after free, fair and regular elections; or 5. Any amendment or revision of the constitution or legal instruments, which is an infringement on the principles of democratic change of government.
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