2. The Application shall state clearly the point or points in
the operative provisions of the judgment on which
interpretation is required”.
Interpretation of a judgment can be sought from the Court “for the
purpose of executing” the judgment. In the present case the judgment
dismissed the Application on the grounds that local remedies had not
been exhausted; it imposes no positive obligation capable of being
executed. Therefore, there cannot be an application for interpretation
of the judgment in terms of Art 28(4) of the Protocol as read together
with
Rule
66 of the Rules
because
there
is no execution
that is
possible under the judgment of the Court.
Moreover,
the Application does not comply with Rule 66(2) in that it
does not “state clearly the point or points in the operative provisions of
the judgment on which interpretation is required”. On the contrary, the
Application is generally incoherent and incomprehensible. The eight
‘points’ posed by the Applicant can never be points for interpretation as
they do not relate to the operative paragraphs of the judgment. On a
number of issues the Applicant asks for the Court’s opinion, such as
whether he can go back to the Commission.
However,
there are two points which,
need to be explained.
for the avoidance
One, the Applicant asked
of confusion,
whether it was within
the province of the Court to deliver judgment on 21 June, 2013, instead
of 10 June, 2013. The Applicant does not tell us from where he came
up with the
the Court to
28(1) of the
mind of the
date of 10 June, 2013. In any
determine that request, since
Protocol and Rule 59(2) of the
Applicant of any confusion, the
case, it is not important
it has already cited what
Rules provide. To clear
President when closing
hearing in Mauritius on 30 November, 2012, clarified it further:
for
Art
the
the
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“Not 90 days as of today, 90 days of completion of
deliberation. When the Court is ready with its judgment for
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