AFRICAN UNION UNION AFRICAINE UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES URBAN MKANDAWIRE v. THE REPUBLIC OF MALAWI (APPLICATION No. 003/2011) JOINT DISSENTING OPINION OF JUDGES GERARD NIYUNGEKO AND EL HADJI GUISSE 1. In its judgment of 21 June Republic of Malawi, 2013 in the matter of Urban Mkandawire v. the the Court concluded proprio motu that the application was not admissible due to failure to exhaust local remedies. We beg to disagree with the conclusion remedies; reached by the Court with regard to the exhaustion the Court’s reasoning and position regarding its jurisdiction of local ratione temporis; as well as the structure of the judgment with regard to its jurisdiction and the admissibility of the application. LThe structure of the judgment with regard to the Court’s jurisdiction and the admissibility of the application 2. In its judgment, the Court successively dealt with the preliminary objection on its jurisdiction ratione temporis raised by the Respondent State (paragraph 32 ); the preliminary objection on the inadmissibility of the application drawn from the fact that the application had been submitted to the African

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