conditions of service of MRA were accidentally omitted.
5. An application was made to the High Court in January 2007 by the Applicant which brought to the
attention of the Court the said accidental omissions and asked the Court to consider correcting it. The
Application was placed before His Honor, Assistant Registrar Chigona, who determined that there were no
accidental omissions in the order of assessment of damages and dismissed the Application.
6. The Applicant then appealed to a Judge in chambers. The appeal was placed before Hon. Justice
Kamwambe of the High Court who ruled that there were indeed accidental omissions in the order of
assessment of damages.
7. The MRA then appealed the ruling to the Malawi Supreme Court of Appeal. On 28 May 2010, the Malawi
Supreme Court allowed the appeal and dismissed the High Court judgment of Kamwambe J.
8. The Applicant has appealed against the ruling of the Malawi Supreme Court of Appeal to the African
Court on Human and Peoples' Rights, praying the latter for:
• "A Reversal of the lower court's order;
• An order that the words all terminal benefits in the contract of employment between the Applicant
and MRA means salary and benefits as per the contract of employment and conditions of service of
MRA to the end of the contract of employment;
• An order that all items of terminal benefits that were accidentally omitted for the remainder of the
contract of employment to be paid to the Applicant as damages for the unlawful dismissal of the
• Costs of this action"


9. The application dated 17 January 1 2013, was received at the Registry of the Court on 1 February, 2013,
and was registered as Application 001/2013 - Ernest Francis Mtingwi v. the Republic of Malawi
10. On 6 February, 2013, the Registrar wrote to the Applicant acknowledging receipt of the application
Applicable Law
11. ln accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on
the Establishment of an African Court on Human and Peoples' Rights (the Protocol) and Rule 8(2) of the
Rules of Court (the Rules) , Justice Duncan Tambala, member of the Court of Malawian nationality,
recused himself.
12. Having regard to Article 3 of the Protocol, the Court deliberated on its competence to receive the
13. Article 3(1) of the Protocol provides that the jurisdiction of the Court shall extend to all cases and
disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any
other relevant Human Rights instrument ratified by the States concerned .
14. The Court notes that it does not have any appellate Jurisdiction to receive and consider appeals in
respect of cases already decided upon by domestic and/or regional and similar Courts.
15. As this is an appeal by the Applicant against the decision of the Malawi Supreme Court of Appeal, a
domestic Court in the Respondent State, the Court concludes that, it does not have the jurisdiction to
receive the application.

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