35. With regard to ra tione personae jurisdiction, the Applicant is a national of
Malawi, a state that has ratified the Protocol and also filed the required
declaration in terms of Article 34(6) as read together with Article 5(3) of the
Protocol, accepting the competence of the Court to deal with cases against it
from individuals and Non-Governmental Organizations.
36. Regarding ratione temporis jurisdiction, even though the facts giving rise to
the application arose before the Respondent filed the deolaration, the Court
has already made a finding that the alleged violation is continuing. Taking all
the above into consideration, the Court does have jurisdiction to deal with
this matter.
The Court's finding on the exhaustion of local remedies as required by
Article 6(2) of the Protocol read together with Article 56 (5) of the
Charter
37.As said earlier, the application must satisfy the requirements of Article 6(2)
of the Protocol, read together with Article 56(5) of the Charter; that is, the
Applicant must have exhausted local remedies. Article 6(2) of the Protocol
provides that the ucourt shall rule on the admissibility of cases taking into
account the provisions of Article 56 of the Charter." For its part, Article 56(5)
of the Charter requires the exhaustion of "local remedies, if any, unless
it is
obvious that this procedure is unduly prolonged" (See also Rule 40 of the
Rules of Court). From the pleadings submitted by both parties, as well as
copies of various judgments of the courts in Malawi relied upon and
submitted by the Applicant himself, a question arises whether the Applicant
did exhaust local judicial remedies as required by the a
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