five copies out of seven copies of various judgments of
the courts in Malawi relied upon by the African Court in its
judgment dated June 21, 2013”.
14.
.
It should be noted, from the outset, that Article 28 (3) requires that
the process
of review
other words, such
principle of finality
must
be without
prejudice
a process may not be
of judgments enshrined
to Article 28
(2); in
used to undermine the
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.
reads:
Paragraph 27 of the judgment
“The Applicant appealed against the above judgment to the
High Court as he was not satisfied with it.
When the
Applicant, 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 however 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 —
substance, what he presents as paragraph 37 is incomprehensible ani
is not part of the judgment.
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