12. Firstly, it should be noted th<lt thr: Courl ra.1scd lhis 1ssu~.; pruprio motu wiU1out the Respondent State ra1sing a preltmmary object.lon m that respect . On the contrary, before U1e Afncan Cornmtssion on Human and Peoples' Rights, according to lhc la.tler, the Respondent Slate ha<.l earltC!r cle::clared that "ir dO<:s not dispute lhut llu: complatnunt exhausted all availaule 1oL.al remed1e~ and that ns a m<Hlcr of fact his claims before Malawt Courts were duly cntcrtamcd ... "5. The Commission itself conclttckd the considerat.ton of U1t: issue of cxhausuon of locnl rcmr.dies in this malter, iu the following tem1s: "Thus lhere is no contention regarding the cxhausllon of local rcmccltcs by the Complamanl from the Respondent Stale. In this regard, Arucle 56(5) has been duly complied "",lh '"'· 13. Without doubl, the Court has the power and even the chtty, under f<ule 39 of its Rules, to consid(~r tl1c admiSRlbdny of an applicnlJOn even 1f the Respondent Stale did nol r<'lisc any preliminary ObJeCtlon to that effccl. But when the Respondent Slate Itself -wh1c:h jg supposed to have a good knowledge of lhc.; rcmcdtes available in its judicial system and which has an tnteresr in challenging the admissibllily of the appllcntion - admits Lhat the local remedies bad been ~.:xhaustcd, when lhe Commtsston arTi.ves at the same conclusion nfler c.xrunining U1c ci..rcumtanc-es surrounding lhe matter, the Courl must have very convincing reasons to go agninsl lhis common pos1t10n, and dc:cidt: that local remedies had noL been exhausted. L4. In the JUdgment Qf Lhe Court:, such convincmg reasons arc missing. Here 1s an Applicant who scrzcd with the same matter lhc J·llgh Court on lhrcc occastons (once sit t mg AS a consutuuonnl Courl), the Supreme Court or Appeal on Lhrce occasions, as well as the lndm~tnal Relations Courl, and the conclusion is that he has not exhausted local rcmedtes because he could have A A Communication .."i571 2008 J')dragrnph LO? UriJan Ml\(mdawin! Commis~ion , "lbldt•nt s IJ. Rt!pllblu: of Mnfnllli, 11ed~10n or lh~ '" 7