Court dismisses judicial review on UTM registration: Lawyer Bob Chimkango ‘frivolous’ application thrown out
High Court has rebuffed an application by private practice lawyer Bob Chimkango seeking judicial review for the registrar of political parties to put aside the court’s earlier order to register the UTM as a political party.
Chimkango, a known sympathiser of the ruling Democratic Progressive Party (DPP) filed the ex-part application for judicial review purportedly acting on behalf of United Transformation Party (UTP).
A court document dated November 12, 2018 and signed by High Court Judge Mike Tembo which Nyasa Times has seen, cited that there were no case suitable for consideration atfull hearing and that permission to applyfor judicial review should not be granted.
Chimkango was skeeing to effectively have a judicial review of the decision of the High Court, which the judge pointed out is “not legally appropriate”, saying judicia review is not available against the decision of the High Court.
In his determination, Judge Tembo said Chimkango should have applied to be joined as a party to the appeal that was lodged by UTM party to the court on the rejection to register it as a party.
“The rule of procedure in this court allow a person affected by a proceeding to apply to this court to be added as a party to that proceedings,” reads the ruling.
The judge said the administration of justice would be brought into disrepute because the court would have a judicial review before the High Court and an appeal before the Malawi Supreme Court of Appeal on the same issue running contemporaneously.
The court said the application by lawyer Chimkanho was “frivolous, vexatious and hopeless” and declined it.
Government last Friday succumbed to courts’ orders and registered the United Transformation Movement (UTM) as a political party under the name UTM Party in line with Section 6 of the Political Parties (Registration and Regulation) Act 1993
As ordered by the High Court in Blantyre on November 2 2018, the party’s certificate of registration is backdated to September 21 2018, the day UTM of Plot No. 43/2/40, C/O P.O. Box 30390, Capital City, Lilongwe 3, filed its application.
In a letter reference number RG/TECH/10, dated November 9, 2018 and addressed to Ritz Attorneys at Law, deputy Registrar of Political Parties Chikumbutso Namelo said the registration was in accordance with the court order made by Justice John M. Chirwa on November 2 2018.
In attempts to foil the registration, the State suffered its third successive loss in the case when the Malawi Supreme Court of Appeal upheld a High Court decision to reject its application to suspend enforcement of an order to register UTM as a political party by close of business on Friday .
In the ruling Justice Frank Kapanda, sitting as a single Supreme Court Judge, argued that the High Court was right in its reasoning and its decision.
On November 2, Judge Chirwa gave Registrar of Political Parties seven days to register UTM as a political party and described his decision to reject the application as “unreasonable and unjustifiable”.
The State then applied to the court to set aside the order, an application which was dismissed before it revived its legal battle with the party through an appeal against the November 2 order which was for the second time thrown away.
Until registration, UTM was a political movement formed in July this year and had been canvassing for Vice-President Saulos’s presidential bid in next year’s Tripartite Elections.
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This is abuse of court process allow the registration of UTM and do not block it. We are in multiparty democracy but DPP want to take us aback. APM was not there when we were voting for this democracy and please don’t spoil.
Even DPP itself is flavorous, vexatious and hopeless. Anthu osamva!
Komatu abale azizi akupanga si a DPP koma a MCP. Mundikhulupilire ndithu, umboni ndiri nawo. Team MCP siimafuniratu UTM ati chifukwa ndi team b ya DPP komanso ipatula ena mwa mavoti a MCP. Musade DPP siikutekeseka ndi bus company, amene akubvulala kwambiri ndi a MCP.
Retard lawyer now appointed Company Secretary. This Bob has failed miserably to run his own firm and boot licks DPP kuti awonekeko pa town otherwise he is a fucking useless citizen. Hule lachabechabe
koma ndiye mwalimbana naye uja mumati babe………….UTM/SKC moto kuti buuuuuuu 2019 boma
…….’frivolous, vexatious and hopeless’….. koma apumbwa muli ndi khama osangozitaya bwanji
Musamalimbane naye chilima mukuva kuwawa
Well written brief news item there Wongani Chiuta. Many out there do not accurately report court proceedings.
A Mike Tembwe kumaiona game ngati ma lawyer onse m’Malawi muno akungolozera kwa UTM musamaletu ndi MCP yanuyo a Chakwera chiyambireni campaign anadzangodutsa ku Zalewa mpaka ku Mwanza & reverse osaoloka Shire waku LL via lakeshore road ndiye kudziwa campaign kumeneko, anthu ali mu BT koma a Chakwera kumangolambalala eeish!
Mcp kkkkkkk vuto la a Malawi sitichedwa kuiwala
How can anyone fully grown person vote for DPP?
Simply because he is a grown man. Ana onse aku mkaka, osakhwima pamchombo, obvala thewera apite akavotere mwana nzawo khanda baby chilima. Omatenga anthu azipani zina kumawapatsa ndalama kumawalankhulitsa pamisonkhano yake nkumati ajowina. Ndichifukwa chake anthuwo akumayankhula poyera kuti abwera kudzagwira ntchito ya malawi congress party pa msonkhano wachilima.
Dpp if u have failed just say we have failed;ask chilima to take u where u r now coz u already know that u have lost elections come 2019 😩😩😩 shame on you 3 times court dismissal and you still want him hahaha Dying Peters Party(DPP)..
We told you stop quota these education. Look now the type of lawyers our education is producing they don’t know their boundaries. Its embracement
Doesn’t DPP have learned people to guide the party wisely? Why so focused on frustrating the development of UTM?
Others still think UTM registration can be annulled ??? kkkkkk
Akalemba, Walemba! We will absorb MCP into our system and guess what, We are already in control as yo can see.
There is no future in the past, MCP had its time. This time is for UTM whether you like it or not
DPP, you are campaigning for Chilima now but trying to put spanners in his agenda. Why waste resources. Mother fuckers!
But why all this bulshit from dipipi why having sleepnes nights like so?
DPP, do not waste your time, the courts have spoken and that will remain the trend. Just go out to campaign. There is always an end to anything and life must move on. You had your time and made yourselves rich, a fact most Malawian are bitter of. Go well
CHILIMA YEMWEYO EVERYDAY
nane ngakhulupilila kuti CHILIMA ndiamene anthu akufuna
I dont understand now,all lawyers have become incompetent in UTM case? i think its very clear now that courts have rejected DPP
Is DPP obsessed with UTM ? Its derailing focus to develop for sure. Lets move on. Actually we embraced Multi-party Politics so there is harm having a new party registered.
Kkkkkkk now I believe chilima is our next president
Keep on dreaming. Truth be told, Chilima can’t win next year’s elections. MCP stands a good chance to win than UTM. May be Chilima should try after 10 years from next year lol
Stop dreaming yourself, you will be in poosition mpakana kalekale because of rigidity. Leader of opposition mpaka liti ? Chilima is visionary that`s why people want him
Thus your opinion too my brother—let others express their opinions freely too.
Mike Tembwe you are the one dreaming MCP is the one that should try after 10 years from next year. But from now to 2029 MCP will never rule Malawi, and this is a fact. take it or leave it.
Hahahaha ukulembera Ku dambwe iwe eti? Chakwera akumulilira Saulosi pano kuti apeze mwai olowa m’boma. Paja 2014 anagwa nayo yekha, akudziwa pa iye yekha wachepa. Next year by this time tikhala ndi president osavala magalasi, a Chakwera atayambanso za ubusa
Join the discussion…MCP is a winning team
@ Mike Tembwe…awo ndimaganizo ako…you’re just too obsessed with MCP such that you’re always day dreaming…
Hahaha how can mcp win while they are afraid to stand on their own
And you keep dreaming as well cos MCP has failed for the last 25 years. it lacks strategies on how to win an election. This could be some painful truth
You’re the dreamer axse! Dreaming wake wa Black and white ndipo😂😂😂
Forsure he is see how dpp is spending sleepless night coz of him
Ndizoona malume Chilima is likely to be the next president
MCP has run out of steam. Nothing to show. The alternative they see id asking UTM for an alliance. UTM has never asked anybody for alliance. And I see MCP diehards here claiming Chakwera will be president. How? The very guy is asking for help!
He won’t get it, not even as SKC’s running mate. He can’t be trusted.
In parliament Leader of Opposition can’t single out any reforms that the opposition brought about. We haven’t seen bills passed at the initiation of the opposition. Some passed long ago are still not being operationalised and LOP is just looking. We have the weakest opposition because of Chakwera. He sleeps on his job. He is not biting. But now look the other way. SKC says this today, the next day DPP government reacts and tries to put it’s act together. Who has the stamina between the two?