g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
28. In the instant Application, the Respondent State did not fully participate in
the proceedings and thus did not raise any objections to the admissibility of
the Application. However, the Court must establish that the Application
meets the admissibility requirements specified in Article 56 of the Charter
and Rule 50 (2) (a) of the Rules.
29. From the record, the Court notes that the Applicants have been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
30. The Court further notes that the claims made by the Applicants seek to
protect their rights guaranteed under the Charter. Furthermore, one of the
objectives of the Constitutive Act of the African Union, as stated in Article
3(h) thereof, is the promotion and protection of human and peoples’ rights.
Additionally, the Application does not contain any claim or prayer that is
incompatible with a provision of the said Act. The Court thus finds that the
Application complies with Rule 50(2)(b) of the Rules.
31. The Court further notes that the Application does not contain any
disparaging or insulting language directed at the Respondent State or its
institutions, in compliance with the Rule 50(2)(c) of the Rules.
32. The Application is also not based exclusively on news disseminated through
mass media, but rather on the record from the domestic courts of the
Respondent State. Thus, the Application complies with Rule 50(2)(d) of the
Rules.
33. The Court notes that on 21 April 2021, the Supreme Court of Appeal of
Malawi rendered a decision in which it set aside the High Court’s judgment,
ordered the nullification of the First Applicant’s election and further ordered
9