Vill.
ADMISSIBILITY OF THE APPLICATION FOR REVIEW
25.
Article 28(3) of the Protocol
empowers
the Court to review its decisions
under conditions to be set out in its Rules.
26.
The Court recalls that Article 28(3) of the Protocol requires that the process
of review must be without prejudice to Article 28(2) of the Protocol; that is,
such
a process may not be used
judgments.
to undermine
the principle of finality of
It is against this background that the Applicant’s Application for
review shall be considered.”
27.
Rule 67(1) of the Rules, provides that the Court may review its judgment:
. in the event
of the discovery
of evidence,
which
was
knowledge of the party at the time judgment was delivered.
not within
the
Such application
shall be filed within six (6) months after that party acquired knowledge of the
evidence so discovered.
In addition, Rule 67(2) provides that:
[T]he application shall specify the judgment
in respect of which
revision is
requested, contain the information necessary to show that the conditions laid
down in sub-rule 1 of this Rule have been met, and shall be accompanied by a
copy
of all relevant supporting
documents.
The
application
as well as the
supporting documents shall be filed in the Registry.
28.
Under
Rule
67
of the
Rules,
therefore,
the onus
is on
an
applicant to
demonstrate, in his application, the discovery of new evidence of which he
had no knowledge of at the time of the Court’s judgment as well as the time
? Urban Mkwandawire v Malawi (review and interpretation) (2014) 1 AfCLR 299 § 14.
7