AFRICAN UNION cio : m aby UNION AFRICAINE UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES - Urban Mkandawire v. Republic of Malawi (Application No. 003/2011) Application for interpretation and review of the judgment of 21 June 2013 Separate Opinion of Judge Gérard Niyungeko 1. In its judgment of 28 March 2014 in the matter of Urban Mkandawire v. The Republic of Malawi, Application for interpretation and review of the judgment of 21 June 2013, the Court concluded that the request for review was inadmissible, in the absence of new evidence which was not known to the Applicant when the first judgment of the Court was rendered (Article 28(3) of the Protocol establishing the Court) (herein after the Protocol) and Rule 67 of the Rules of Court (herein after, the Rules)) (paragraphs 16 and 15); It also concludes that the application for interpretation fails and is struck out, notably on the ground that the points raised are not related to the operative provisions of the judgment in question(Article Protocol and Rule 66 of the Rules) (paragraphs 16 and 7). 28(4) of the 2. | agree with the conclusions reached by the Court on both issues; | however differ with it on the fact that, with regard to the application for interpretation, in spite of its principled position stated above, it decided to interpret Article 28(1) of the Protocol and Rule 59(2) of the Rules, and @& to