Plot to bar UTM flops again: Justice Minister gazettes Political Parties Act operational Dec 1

Threatened by the registration of UTM as a political party, Minister of Justice and Constitutional Affairs Samuel Tembenu has gazetted a notice of commencement of for Political Parties Act from December 1 2018, which President Peter Mutharika assented to on January 24 this year with the aim of barring UTM of contesting in next year’s elections.

Tembenu: New law compels political parties to disclose their funding

One of the provisions of the Act is that a political party must exist for at least a year before it is allowed to participate in elections, which analysts fear is targeting UTM.

According to the notice of commencement, dated November 1 2018, Tembenu said in exercise of the powers conferred on him by Section 1 of the Political Parties Act 2018, he appoints the December 1 2018 as the date on which the Act shall come into operation.

However, Malawi Law Society (MLS) president Alfred Majamanda said, that as is always the case, the law will not apply retrospectively, as of December 1.

He said there is nothing for UTM or any other newly registered political parties to fear as the law cannot be applied retrospectively.

“We all know that the law cannot be applied retrospectively and essentially what this means is that when the law becomes operational on 1st December 2018, any political party registered after this date will have to operate for one year before they can contest in an election, so all those registered before will not be affected by this law,” said  another constitutional lawyer who asked not to be named.

This comes as a relief to UTM supporters who felt the law was being targeted at them barely a day after the High Court in Blantyre ruled that the Registrar of Political parties should register UTM as a political party.

Some of the major changes the new law will bring once in force on December 1 is the banning of handouts by politicians and disclosure of party financing.

Among other issues, the new law compels political parties to disclose their funding and donations of K1 million and above from individuals and those above K2 million from companies.

The Political Parties Act is replacing the current Political Parties (Registration and Regulation) Act and addresses challenges faced when regulating the registration, financing and functioning of political parties in the country.

The MLS president, however, requested government to give notice of commencement for Access to Information (ATI) Act, arguing it is an important piece of legislation which can facilitate what the nation aspire for as a developing democracy.

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37 replies on “Plot to bar UTM flops again: Justice Minister gazettes Political Parties Act operational Dec 1”

  1. BWANA PRESIDENT ,NICOLAS DAUSI ANALEPHERA KU MCP LERO ASAKUNAMIZENI,AKHALA NCHACHA NDI NANKHUMWA NDI ANA AKUPUSISANI ,MUNASAKHALA BEST RUNNING MATE SAULOS GIVE HIM A WAY TO RULE..SO THAT YOU WILL BE RESPECTED

  2. NOW IS THE RIGHT TIME TO
    SEE GUENUINE LAWYERS WHO WENT TO COLLEGE THROUGH MERIT COMBINED WITH WISDOM — SECONDLY WE CAN SEE LAWYERS WHO DID CORRESPONDENCE (ADULT LITERACY EDUCATION WITHOUT WISDOM —

  3. Maulemu kwa Charlie Hebdo wakunga mfundo zolimba ndinu oyenera page pa Nyasa times God bless your nimble brains asante

  4. This is another bulshit the DPP guys are trying to do., so this means you are spending sleepless nights with SKC.?

  5. The law was assented to in January this year but the thieving president and his party did not want it operationalise until they discovered that UTM was a force to reckon with. It is no secret why the thieves did not want it operationalised. It would mean APM disclosing the source of MWK145 million in his personal account disguised as a party account, the donation of the five vehicles worth MWK85, and the forced donations by waterboards, city assembles and many corrupt public institutions made to DPP. These are just a few we know, what of those we do not know? Chaponda claimed the cash found in his house belonged to DPP, it would mean disclosing the donors which would not augur well with the thieving party headed by the most corrupt president Malawi has ever known. Now you can understand how operationalizing the act would have tantamounted to shooting their own foot.

    Desperate times requires desperate measures. Now without thinking of the shady deals their president has been involved and continues to be involved they want to operationalise the law. I am saying the president because every shady donation made personally to him, he claims he did not personally benefit from it even though evidence on the ground proves the contrary. For examples we have vehicles whose title holder is the president not the party, we have an account which the Secretary General of his party did not know of its existence and to which he is the sole signatory. Mark my words, more rot of the president and his party will be revealed once the law is operationalized. Have you ever wondered the source of handouts dished at every rally? All in all, the law is good. It may help bring sanity in thieving instruments disguised as parties.

  6. Mafana mwachepa , Saulosi anakuuzani kale. Why do you think UTP is included in UTM? if you bar him on this stupid law, he will stand as UTP ya bambo Kambala? Moto boooo. Mwana uyu simunutha

  7. The act is for Dec 1, 2018 and was accentend to in Jan which should be 2018, but the date to day is 5th Nov 2018? Are the dates correct?

  8. this old man has to be out of government dyela too much ndalama za nkuluwake za 10 years ndi iyeyu 5 years imeneyi alinazo koma kukakamila mpado for nothing, tatopa ndi boma kulamulilidwa ndima layer amaba ndalama kusowesa evindence at the expense of the poor ali kutali ndi economy these lawyers, bora akalowe mu chamber azigamula milandu

  9. why all this , people in government always want to bring laws to silence people and protect the president kenako antu fe tizivutika boma ili sila muntu mmozi kuti chilichose kusinta malamulo zizimukomela iyeyu ayi zimenezo after all penter mutalika has been given arleady fives and his brother analamulila 10 year bingu Wa mutalika ,si ufumu uwu mpaka kuyamba kunsita malamulo kuti antu ena azivutika for nothing after all iyeyu ndalama za nkuluwake ndi zaiyeyu alinazo kale , akuvutikila chani this oldman

  10. Why is DPP so afraid of UTM participating in the tripartite elections if it is so confident of winning. Are they seeing something that we ain’t seeing.

  11. If some senior government officers (ministers ) are failing to disclose their wealth, how will they effect this important Law? Wat about government officials who are giving maize in form of relief , is this not part of handouts?

  12. Mchifukwa chake SKC ukumakuuzani pafupipafupi kuti mwachepa inu ma cadet (pumbwa aliyense ndi cadet tsopano)

  13. MMMMMMMLaw is round like a ball. It has no straightforward interpretation. It depends on which side it is being kicked. Musapusise anthu apa inu a MLS. Mungokhalira kuluza milandu kukhothi. Auzeni anthu zoona kuti nyumba ya malamulo idapanga lamulo mu December 2017. President adasainila pa 24 January 2018. Ndipo idakhazikitsidwa (Gazetted) kuti ndi lamulo pa 2nd February 2018. Zonsenzi zimachitika UTM kulibe. Ndilamulo lakale UTM isanabadwe. Mwambi walero: Ukadziyipitsila usaone anthu akuseka zao umati akuseka iwe.

  14. tembenu shooooooosh. to HELL with your ideas. ziyambe lelo???????????????????????? zinali kuti nthawi yoseyi?????????????????? you think you can everybodys tail u fucking bastard??????????????????????????????????
    soosh your stinky mouth ngati mwatumidwa adha just eat the money and sit your ass down.
    mwatani simukugona ndi this party, nginde nginde nginde nginde patukani ikuombani ndi alabiyonitu bus yake belu lake ndi cingwetu paja siza lelozi belu loyendera genset/ ma batele aiso.

  15. Reading through the article one concludes Tembenu is not as intelligent as he appears to be. My plea is that professionals MUST not be used to the extent they ridicule themselves. No wonder APM is always dropping a clanger because advisers around him are “Yes Bwanas” and can’t use their intelligence to assist the Big Kahuna. Shaaamme.

  16. Plan B seems a difficult one to implement but the Minister is assuring the President as if he (president) is not aware of the term retrospective .. hahaha , the gurus are now working on plan C

  17. This man is a joke, this called Tembenu , even the name means something. After hearing kuti UTM is registered already thought he is clever enough to apply another tactic and not even knowing kuti kuli azake omwetso akuganiza kupotsa iye.
    You will loose as MP in your area once more. Because I have seen that u even lack basic skills to store the sinking ship.

  18. This law was passed by parliament and assented to by the President way back before even Chilima started thinking of snatching the DPP from the president. That’s way back before even Chilima thought of forming Chilima Movement. How then can it be viewed as targeting United Transformation Movement Party, on wait UTM Party? The minister is just doing his job. Leave him alone.

  19. A tembenu munali kuti nthawi yonseyi kupanga gazzette lamulo limenelo, vuto la ma lawyer anthu Malawi muno mumadikira kuti akuwuzni chochita, you can’t nterpret the law on your own. Nde apa zoti musokoneze registration ya UTM nde ayi, a Malawife mutiwona kuvuta ndipo muyelekeze muwone.

  20. The desperation of DPP is pityful and almost laughable. People like Tembenu and APM who should know better have been reduced to clownish behaviour by UTM. Shame.

  21. Assented on 24 January? What was Tembene waiting for? Mbuzi yamunthu ndi mbuyache Pitala. Don’t make laws to penalize somebody. Look what has happened now, suppose it was gazetted in February you would have achieved your stupid motives. Mulungu simunthu kuti alolere nyasi zanu.

  22. Now I understand what Gladeser Geofry meant when she said UTM will be dead by December 2018. UTM should not celebrate the recent court ruling. Government will appeal and employ all delaying tactics in the world to ensure the Supreme Court hears the case late.

    Why DPP fears UTM so much?
    UTM will heavily eat into DPP vote in 2019. Masangwi, Kaliati, Manganya, Mucous Banda, etc ( formerly DPP, UDF) have following in their constituencies. And Chilima makes DPP lose Ntcheu and Balaka north and some urban votes, key to DPP success in 2014 . Those votes are in thousands, not hundreds. On the other hand, Richard Msowoya and other former MCP members contribute almost nothing to UTM. And so do others from other parties. Msowoya can’t win elections if done today in his constituency.

    Key questions: Across the country, how many UTM supporters were in DPP? How many were MCP? How many were UDF, PP, etc?

    UTM support can’t make the group win elections but can be a huge dent on DPP chances. DPP would rather have UTM support another party where their influence on the election outcome may be diminished.

    What UTM must know?
    Court battles will not necessarily make them popular in the eyes of most Malawians; chances are high the group may be regarded as hopeless. Chilima is aware of this hence his statement during UTM dinner that those who went into hiding due to registration issues should come out/back.

  23. Zanja likalemba laremba batsi, no matter what tactics the DPP led government can do it won’t prevail .
    That law will only can into force on 1st Dec. While UTM by then will be already registered and won’t be affected by it.

    Wina alira chaka chake ndi chamawa just prepare for smooth transition.

  24. Koma ndiye mbava zapezwa. Konseko kuchipani cholamula kuli ma professor, ma doctor, ma chakutichakuti in law. Their brains are so corrupt that they do not know the right way of doing things anymore.

    1. NOW WE CAN SEE LAWYERS WHO
      WENT TO COLLEGE THROUGH MERIT OR QUOTA 2 LAWYERS WHO ATTENDED GUENUINE COLLEGE’S OR CORRESPONDENCE (ADULT LITERACY COLLEGES )

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