35.With regard Malawi, to ratione personae a state that has ratified jurisdiction, the the Applicant Protocol and also is a national filed the of required declaration in terms of Article 34(6) as read together with Article 5(3) of the Protocol, accepting the competence of the Court to deal with cases against it from individuals and Non-Governmental Organizations. 36.Regarding ratione temporis jurisdiction, even though the facts giving rise to the application arose before the Respondent filed the declaration, the Court has already made a finding that the alleged violation is continuing. Taking all the above into consideration, the Court does have jurisdiction to deal with this matter. The Court’s finding on the exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56 (5) of the Charter 37.As said earlier, the application must satisfy the requirements of Article 6(2) of the Protocol, read together with Article 56(5) of the Charter; Applicant must have exhausted local remedies. that is, the Article 6(2) of the Protocol provides that the “Court shail rule on the admissibility of cases taking into account the provisions of Article 56 of the Charter.” For its part, Article 56(5) of the Charter requires the exhaustion of “local remedies, if any, unless it is obvious that this procedure Rules of Court). copies From of various is unduly prolonged” (See also Rule 40 of the the pleadings submitted judgments of the courts by both parties, in Malawi relied as well as upon and submitted by the Applicant himself, a question arises whether the Applicant did exhaust local judicial remedies as required by the ahve Articles, before