amended charge (D); and his right to be given reasons for the decisions (E). The Court will now address each of the Applicant’s allegations. A. Alleged violation of the right to be heard 44. The Applicant alleges that the High Court’s refusal to grant a stay of its proceedings pending determination of his appeal to the Malawi Supreme Court of Appeal (MSCA) on preliminary issues, and the High Court’s Registrar’s failure to prepare the appeal record and send it to the MSCA, unjustly prevented his appeal on preliminary issues from being set down and heard. Therefore, he claims that his right to a fair trial, protected by Article 7(1) of the Charter, as read together with Article 8 of the UDHR; Part A, Article 2(j) and Part C, Article (b)(i) of the Fair Trial Guidelines has been violated. 45. The Respondent State did not file its Response. *** 46. The Court observes that Article 7(1)(a) of the Charter provides that: Every individual shall have the right to have his cause heard. This comprises: the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force. 47. Regarding the right to have one’s cause heard by a higher court under Article 7(1)(a) of the Charter, the Court recalls that in the case of Kalebi Elisamehe v. United Republic of Tanzania,7 it held that every person convicted of a crime shall have the right to have his conviction and sentence reviewed by a higher tribunal according to law. 7 Kalebi Elisamehe v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 265, § 69. 12