30.2 The second point raises the Court's lack of jurisdiction. Respondent contends that this Court lacks jurisdiction over this matter because the Protocol came into operation only on 25 January 2004, whereas the Applicant's cause of action arose in 1999. The Respondent also argues, in this respect, that it ratified the Protocol only on 9 September 2008, and deposited the instrument of ratification on 9 October 2008. The Respondent does not, however, develop any argument around the fact that Respondent made the Article 34(6) declaration only recently; long after the cause of action had arisen. 31. Regarding the merits of the case: As far as the merits of the case are concerned, the Respondent denies that the Applicant's rights have been violated . Regarding the alleged violation of Article 7 of the Charter. the Respondent argues that the Applicant exercised his right to go to the national Courts, and was given a fair hearing. The Respondent says further that the Courts of Malawi did in fact lean backwards to assist the Applicant. As regards the alleged violation of Article 15 of the Charter, the Respondent argues that the Applicant was employed by the University under a contract, one of the terms of which was that the contract could be terminated by either party on three months' notice or a three months' payment in lieu of notice. The Respondent therefore argues that, as the Supreme Court of Appeal has already ordered that the Applicant be paid for the three months, the alleged right has not been violated. The Respondent further argues, in this respect, that the Industrial Relations Court has found the dismissal to be f~r. --=~