fo exhaust this remedy.”
After
considering
argument.
the
matter
further,
the
IACHR
upheld
the
above
The petitioners having failed in the Supreme Court as a result of
approaching
protection”
that court, wrongly,
instead
of
“through
by way
of “an
independent
‘amparo’ for constitutional
action for constitutionality”
could not claim to have exhausted judicial local remedies.
39.To
resolve whether
or not the Applicant has exhausted
local remedies
in
compliance with Article 6 (2) of the Protocol read together with Article 56 (5)
of the Charter, it is necessary to look again at the judgments of the national
courts of Malawi.
39.1. Judgment of the High Court, 27 November 2003: The Court held that
the employment contract could be terminated by either party, upon three
months’ notice or by a three months’ payment in lieu of such notice.
University
had
done
month.
The
months’
payment;
Appeal
Court,
neither;
instead,
in its judgment
this award
in its judgment
was
it paid
of 27
the Applicant
November
confirmed
of 12 July 2004.
The
2003,
for only
added
by the Supreme
award
The
a
two
Court
of
still stands; whether
the Appellant has collected it or not, is irrelevant.
39.2. The Industrial Relations Court: The Court held that the dismissal was
fair and that the Applicant had
and
had
September
in
fact
1999,
appeared
and
also
been
before
before
given the opportunity to be heard,
a
disciplinary
committee
the Vice-Chancellor
on
on
16
2 December
1999. The Appellant did not seize the opportunity to challenge and argue
“I!
(21)
We
=