16. For these reasons, THE COURT, unanimously: 1. Finds that, in terms of Article 3 of the Protocol, it has no jurisdiction to receive the application instituted by Mr Ernest Francis Mtingwi against the Republic of Malawi. 2. Rules that this application be and the same is hereby struck out for want of jurisdiction. Done at Arusha, this fifteenth day of March, Two Thousand and Thirteen, in English and French, the English text being authoritative 3

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