Chilima rally in Ndirande on as court grants UTM permission to apply for Judicial Review over City block
United Transformation Movement (UTM) has been granted permission to apply for judicial review in the matter which Blantyre City Council (BCC) refused to grant the movement permission to hold a rally at Nyambadwe Primary School ground because it is not registered.
UTM national chairman Noel Masangwi said the grouping—led by the country’s Vice-President Saulos Chilima who broke ranks with the governing Democratic Progressive Party (DPP) and declared he will challenge President Peter Mutharika in the presidential race in the May 21 2019 Tripartite Elections— had sought court relief on the matter.
He said lawyer Micheal Goba Chipeta lodged to court application to apply for Judicial Review for a quashing order and declaratory order in respect of Blantyre City Council decision blockihg the UTM to hold the rally in Ndirande Township.
The High Court has since granted permission to apply for Judicial Review and ordered that the City Council cannot block UTM from holding the rally unless it asks the court to vary or discharge the order.
According to Miscellaneous Civil Cause Number 47 of 2018, UTM through its lawyer Michael Goba Chipeta, obtained an order before Justice Kenyatta Nyirenda to apply for a judicial review of the decision by Registrar of Political Parties to reject the movement’s application for registration.
Reads in part the order: “This grant of permission to commence judicial review proceedings against the respondent operates as a stay order on the decision of the respondent [BCC] under order 53, rule 3(10) (b) of RSC [Rules of the Supreme Court].”
The court has further ordered the applicant to file originating motion for judicial review within seven days from on Friday.
Meanwhile, Chilima on Friday travelled from Lilongwe to Blantyre and having stop-over meetings along the way and reiterated his stance against corruption saying he will not shield anyone when UTM takes over government next year.
The second citizen said UTM is serious and will field candidates in all positions including ward councilors and members of Parliament in 2019 tripartite elections.
UTM secretary general Patricia Kaliati said she was delighted with the high turnout of people long the way, saying it shows people’s trust for Chilima.
In the letter dated September 27 2018 addressed to UTM national chairperson Noel Masangwi and signed by the council’s director of administrative services Lytton Nkata on behalf of BCC chief executive officer Alfred Chanza, he said the movement could not be granted permission to proceed with the rally because it is not a registered political party.
The BCC response came barely a day after it emerged that the Registrar of Political Parties had rejected the movement’s application to register as a party for allegedly flouting the law by seeking to register using its abbreviation UTM instead of the full name ‘United Transformation Movement’.
In a letter to UTM following its application, Deputy Registrar of Political Parties Chikumbutso Namelo said the use of the abbreviation instead of the full name was a deliberate scheme to mislead the registrar because there is another registered political party with a similar sounding name.
The deputy registrar was apparently referring to United Transformation Party (UTP) registered by businessperson Newton Kambala who earlier announced his partnership with UTM at the movement’s rallies but has not committed to deregistering his party.
In 2003, three men Chikumbutso Mtumodzi, Thom Chiumia and Ken Ndanga unsuccessfully thwarted attempts by Brown Mpinganjira to register his National Democratic Alliance (NDA) when they registered a political party in the same name then later changed it to New Dawn for Africa in another attempt to stop the registration after the High Court intervened.
In 2011, People’s Party (PP) started by the country’s then vice-president Joyce Banda also had trouble registering the party when the Registrar of Political Parties rejected the application on the grounds that the abbreviation was too similar to that of People’s Progressive Movement (PPM) and Maravi People’s Party (MPP).
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This so called attorney general mhango is on the list to be investigated about payments he has made to muli and others like Jeffrey wa Jeffrey who was involved with chilumpha in corrupt system of payments during udf. She has almost been paid lots of money as compensation by the same mhango. UTM will investigate mhango.
Chilima and his. UTM is a big threat, no doubt. Let us wait and see.
whatever but we r behind chilima 2019\
Malawi politics is replete with junk efforts to derail any political movement which in the view of the ruling elite is a threat to their electoral advancement in the next contest. It is the vibrancy of justice in our courts that will set Malawians on a path to freedom or Malawians will be chained to repressive measures by a power hungry clique whose sole purpose in the government to loot. These parasites have designed the ways in which the milking of the government cash is seemingly natural. Malawi account number is crowded by the sweet talking leeches with the biggest bellies in town. The season of throwing money at the hungry poor is here the ravenous electorate has no options except to struggle and fight over fifty kwacha banknotes our youth will paint themselves into party colours at whatever cost so the UTM must not succumb to these filthy machinations. Go on your space in our politics is just available no one can deny any political place where to peg your flag
I don’t wonder why Malawi will remain a the poorest country in the whole world if somebody in his sober state will argue that UTM is not a political grouping. Are you saying the whole criss-crossing UTM is doing is to make its leader the archbishop or the paramount chief or the chief justice? The law is clear every political party has to be registered so BCC is not wrong to block the rally. Its a shame our judges in this country are moved by political tides: Chihana was incarcerated because he wanted multiparty, quota system was legalised, strangers were allowed in parliament, somebody was made President because questionable presidential elections had to be declared within 7 days, etc! Zoona?
Remind me again where was Peter when Chihana was incarcerated? How much did Peter contribute to bring multiparty in Malawi? APM is a threat to our hard won democracy. He has no right to block peaceful assembly of any groups because freedom of assembly and association are part of Malawi constitution whether registered or not. Peter has no clue sacrifices people put for multiparty to come to Malawi because he was having good time in USA while his fellow countrymen were being tortured to death.
It doesnt matter where APM was when Chihana was being sent to prison. My point was much as multiparty politics was good our laws didn’t allow it that was why Chihana was sent to jail. Similarly here UTM is a political party and the laws clearly states unregistered political parties are not allowed to hold rallies! Period.
Let us allow our public servants to make their own decisions without coloring their decisions to blue, red, yellow or something. The registrar of political parties and BCC acted on the laws as they stand but its the judiciary, a public entity vested with powers to interpret laws, that is increasingly developing the habit of siding with political tides.
I can cite more cases here whose judgements I found politically motivated.
At the peak of JZU/Gwanda rivalry JZU ignored certain court decisions and was found being in contempt of court which is obviously a criminal matter. Knowing that anybody with a criminal record below 7 years can not stand for presidency he went to court to help him and indeed he got it.
Another one concerning Bakili Muluzi who after servicing “a maximum of two consecutive terms” as president thought that if he got a break of 1 term he could seek another term. Up to now no matter how the judges’ laboured interpretation of the word “consecutive” I still believe it was a political judgement.
Tinagwetsa Kamuzu with his armed MYP with our Church just wait for 21st May next year.
Kaliati ,pipo turning out on the roadside doesn’t mean they have love or trust for Chilima…thing is they want to see the man more famed for rough,foul and rude mouthing,lack of respect when on the political podium…anthu amafuna akamuone munthu wosayamika as he is being referred to by local people…..masses on the road and political meetings do not translate to your votes coz if you take for example your rivals they too are amassing thousands upon thousands wherever they are going mukuonanso nokha….just work hard to prove yourself right in the minds of the pipo…avoid being seen or viewed rude, disrespectful and unthankful when on the podium….
People who follow Chilima are not fools.He seem to communicate issues that affect Malawians like corruption.The young man is a good communicator unlike APM and Chakwera .He is very specific in his criticism.How many people knew of Diesel theft at Escom ???? Tell me why MCP does not attract such big crowds ??? Chilima has waken up sleeping DPP and the party is under big pressure and has now started looking at their manifesto with only 7 months to polls. UTM might not win the poll but it has shaken the political landscape.Kodi kupanda chilima Secondary School ikanakhala ya ulele.Boma likanalemba ma intern 5000 ????
whats your point Have I missed something
Mr chilima go go go,we love u and more over we behind you, apumbwa achepa ndipo sangamake game yakulila adpp mumva pain mwashosha yolakwika.
DPP cadets have gone very quiet. They were here, screaming and celebrating the refusal for permission to hold the rally. Where there is the Will of God, it cannot be suppressed. DPP has caused suffering to the masses. Where there are cries of human being, the crying human spirit is more powerful than all the cheap politics of suppression DPP is playing. DPP will not steal forever. DPP can shine now by suppressing others. The suppression is never never-ending. DPP will be defeated. It will be the end of DPP… Mark my words. PP will last longer than DPP.
When Jesus say YES……… Palije munthu uyo wangatondesha………SKC 2019 bomaaa
MUKODZEBWA!MUONANSO! CHAKA CHAKE NDI CHAMAWACHI
Well done SKC, all these DPP shenanigans are just proof that they are scared to death with you. The comedy going on at the Registrar of Parties and city assembly is so petty and unsophisticated to the point of being scary. We are actually being ruled by people who are so small intellectually and they will do anything to keep their jobs.
Let them dance and make fools out of themselves, we will support you all the way.
chilima motoooo forward ever ndizoteka a vice president
So why were PPM ( people’s progressive movement), MPP ( Maravi Peoples Party) and PP ( People Party) were are allowed to be registered??
School me here, bcoz these names sounds more familiar to each other.
I think this is just politics at play.
Zotheka, nothing is impossible.
David vs Goliath
Keep up with the good fight Chilima. Don’t give up. The time that someone should spend years in USA or UK and come over here just after people have suffered fighting for their freedom is over. Malawi must be ruled by those who have fought for its freedom. Where was Peter when Malawi was under dictatorship? Where was he when we voted for multiparty? He never even voted for multiparty to come to Malawi? We need to remind him effectively that whatever he is doing to us someone like him did to us worse and we won our freedom.
word!! nice one
@Kandulu:
Koma zowona zimenezo?
As much as I detest, with derision, Kamuzu and his Party of the time, I would not put a precondition that only those who actively fought his regime have a right to govern this country. There are many Malawians living today, who have been associated with governing power since democracy, yet they actually actively supported the Dictator and his policies. Or even actively participated in the well documented atrocities.
Finally, opposition to the Dictator was not all apparent: there were many people right here in this country, and elsewhere, who opposed the Dictator, all be it, passively. Like raising funds, publishing opinions and influencing (world) opinion. Is that not good enough for you?
And, according to you, then, even those born post democracy should not govern this country. Just because, simply put, time was not on their side?
Sure he be reminded…he was no where seen when our forefathers fought dictatorship which they relentlessly fought and succeeded in dethrone
Don’t let up SKC, Keep pushing, keep forging ahead, we can do this….! NZOTHEKA!
malamulo salakwitsa koma ogwiritsa ntchito.