iv. Mr Lumbani Mwafulirwa, Senior State Advocate, Ministry of Justice and Constitutional Affairs. After deliberation, Renders this Judgment I. THE PARTIES 1. Symon Vuwa Kaunda (hereinafter referred to as “the First Applicant”), is a politician, who has been the Member of the National Assembly for Nkhatabay Central Constituency in Malawi since 2004. Getrude Mnyenyembe, Daniel Tula Phiri, Mpata Shadreck Tayani, Nkhasi Esau Nsinawana, and Kayafa Phiri (hereinafter referred to as “the Second, Third, Fourth, Fifth and Sixth Applicant” respectively) are Malawian nationals, registered voters and supporters of the First Applicant. The six Applicants will jointly be referred to as “the Applicants”. The Applicants allege the violation of their rights in relation to electoral proceedings before domestic courts. 2. The Application is filed against the Republic of Malawi (hereinafter referred to as “the Respondent State”), which became a Party to the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 23 February 1990 and the Protocol on 9 October 2008. It further deposited, on 9 October 2008, the Declaration under Article 34(6) of the Protocol by virtue of which it accepts the jurisdiction of the Court to receive cases from individuals and Non-Governmental Organisations. 2