Mkandawire v Republic of Malawi (Application No. 003/2011) [2012] AfCHPR 6 (30 March 2012)

**AFRICAN UNION** الاتحاد الأقريئي


UNION AFRICAINE

**UNIÃO AFRICANA**

## AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS

COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES

IN THE MATTER OF

**URBAN MKANDAWIRE**

V.

# THE REPUBLIC OF MALAWI

APPLICATION No. 003/2011

**ORDER**

The Court composed of: Gérard NIYUNGEKO, President; Sophia A. B. AKUFFO, Vice-President; Bernard M. NGOEPE, Modibo T. GUINDO, Fatsah OUGUERGOUZ, Augustino S. L. RAMADHANI. Elsie $\mathsf{N}_\cdot$ THOMPSON and Sylvain ORE- Judges; and Robert ENO- Registrar,

## In the matter of

### **URBAN MKANDAWIRE**

#### V.

#### REPUBLIC OF MALAWI

Hereby decides as follows:

Having considered the Respondent's response dated 9 January 2012, in response to the application submitted by the Applicant, Mr. Urban Mkandawire dated 13 March, 2012, as well as the skeleton arguments of the Respondent, the Court rules that:

(a) The Respondent's response setting out its preliminary objections in terms of Rule 52(4) of the Rules of Court does not comply with the said Rule in that it does not set out the details required by the Rule;

(b) The Respondent is accordingly called upon to comply with Rule 52(4) within 30 days of the receipt hereof; and

$\mathbb{R}$ $\mathbb{R}$

(c) The Applicant, if so minded, should respond to the Respondent's response referred to in (b) above within 30 days of receipt thereof from the Registrar.

Done at Arusha, this thirty day of March, in the year Two Thousand and Twelve, in English and French, the English text being authoritative.

Signed:

Gérard NIYUNGEKO, President

Robert ENO, Registrar