five copies out of seven copies of various judgments of
the courts in Malawi relied upon by the African Court in its
judgm ent dated June 21 , 2013".
14.
It should be noted, from the outset, that Article 28 (3) requires that
the process of review must be without prejudice to Article 28 (2); in
other words , such a process may not be used to undermine the
principle of finality of judgments enshrined in Article 28 (2), which
states that there shall be no appeal. It is against this background that
the Applicant's application for review must be considered.
14.1 The Applicant inaccurately cites the Court's judgment in respect
of both paragraphs of its judgments. Paragraph 27 of the judgment
reads:
"The Applicant appealed against the above judgment to the
High Court as he was not satisfied with it. When the
Applic ant who is neither a licensed practitioner nor a
lawyer, appeared before the High Court, he wanted to
address that court from the Bar where licensed
practitioners would do. This was denied to him in terms of
the practice before the courts in that country; he was,
however, free to argue his case from where people who
were not practitioners would do. He howev er decided not
to argue from anywhere else; instead, he decided to appeal
to the Supreme Court of Appeal, for the third time".
As far as paragraph 37 of the Judgment is concerned, the contents
thereof are not anywhere near what Applicant claims it contains; what
he presents as paragraph 37 cannot be located in the judgment.
Therefore, while what the Applicant inaccurately presents as
paragraph 27 of the judgment at least captures the paragraph's
is not part of the judgment.
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