Court rebuffs Malawi govt on UTM registration: ‘No reasonable grounds for appeal’

November 7, 2018 James Nthondo -Nyasa Times 49 Comments

High Court Judge John Chirwa has thrown out an application for leave to appeal against  against the November 2 order to register the movement as a political party within seven days, saying there noo reasonable grounds for appeal.

Chilima:  Court rules UTM should be registered as political party

Through senior State advocate in the Attorney General’s (AG) Chambers Neverson Chisiza, the State is challenging High Court order  that the registrar of political parties’s decision not to register the movement—which is promoting Vice-President Saulos Chilima’s presidential ticket in the May 21 Tripartite Elections was erroneous.

Granting the order, Judge Chirwa said there are no good grounds advanced in the sworn statement in support of the application upon which the court would be persuaded to deprive a successful, litigant of the fruits of litigation.

“It is the considered view of this court that should the Appellant’s within appeal be successful, the same will not have been rendered nugatory by the Appellant’s compliance with this Court’s Order because the Supreme Court can, in that event, order the deregistration of UTM as a party. The application is thus declined,” reads the order dated 6th November 2018.

“The Court having made the above determination, it sees no merit in proceeding with the application set for the 13th  day of November 2018, the same is hereby delisted,” reads the order.

The order effectively means that the Registrar of Political Parties is mandated to register UTM as a political party by close of business day on Friday 9th November 2018, which is the last day of the seven day period which Judge Chirwa gave him in his earlier ruling on the matter on November 2, 2018.

Government through the Attorney General, who was not party to the proceedings of the initial case, expressed interest to appeal against High Court’s ruling by seeking leave from the presiding judge to appeal and the matter was set down for hearing on Tuesday next week which the judge has declined and thrown out the application for leave to appeal.

Lawyer Michael Goba Chipeta, representing the Vice-President who challenged the rejection of the application in court,  said the determination  of the Court on November 2 still stands that UTM should be registered as a political party.

He said they expect the registrar of political parties to comply with the ruling.

High Court and Supreme Court of Appeal registrar Agnes Patemba also confirmed the ruling to have UTM registered is still in force.

Findings from a survey conducted by Zomba-based Institute of Public Opinion and Research (Ipor) released this week showed that UTM and its leader are the third most popular grouping after the governing Democratic Progressive Party (DPP) and opposition Malawi Congress Party (MCP).

The survey report, dated October 28 2018, was conducted between August and September—barely weeks after UTM was launched—to assess the political environment in the country with 10 months to the elections and give an understanding of the political and economic environment in the country.

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49 replies on “Court rebuffs Malawi govt on UTM registration: ‘No reasonable grounds for appeal’”

  1. Looking from a different perspective as to why DPP is still fighting UTM not to register,one would think it’s because DPP is afraid that UTM would win the 2019 elections. but I should think the main reason could be that they are afraid that MCP would amass more votes than DPP and UTM because UTM mainly is using the vey same structures that DPP had put in place as one would note that the only parties that have more structures at grass roots are DPP,MCP,PP and UDF than UTM. If UTM would be allowed to register the DPP votes would be split between DPP and UTM hence giving MCP a big chance to win the 2019 elections which DPP would not like.

  2. Those of us that are in the know we know why DPP is so afraid of UTM. Chilima singlehandedly rigged the 2014 elections on behalf of DPP and none of the DPP big members are aware how he did it because they didn’t care about the process then …the only thing that mattered was the result. The fear now is he will do that again against DPP …..ntchito yiliko

  4. Yes, keep the spotlight on SKC and UTM, keep us in the news everyday, keep the fire burning, that’s free campaign for us

  5. So the Attorney Generals office is an extension of DPP? Can legal scholars please explain to me how the AG’s office is filing for an appeal ???

  6. Cabinet reshuffle basi ichitika. Game yabvuta.
    We may see new faces by morning tomorrow. How do you embarrass your govt? Was it deliberate? Sadly appointments will be lomwe belt which is weak now. Number of registered voters is low compared to lilongwe alone and central region.
    We may see Bagus, Mchacha in cabinet and new AG

    1. Kalulu, it seems you are very close to the appointing authority, how come that almost what you predicted has come to pass?

  9. Dpp govt is just being petty and childish. Stop this nosense. And I am mcp. The more you put obstacles to utm, the more you campaign for it and the more popular you make them.

    You are being too childish and the whole country is laughing at you stupid dpp people. Why are you afraid for utm to be registered?

    Please stop it and grow up now!!! Move on and start campaigning for your own failing dpp.

  10. DPP, mukudzichititsa manyazi chonchi for what? Concentrate on selling your party and perhaps you will win. I mean what kind of victory would it be if you won because you denied a good chunk of the electorate from freely picking their choice of party? You are ‘decampaigning’ yourselves and appearing cowardly like Maliseche.

  11. The more the DPP continues to fight UTM the more the latter is in the news and the more the name UTM sticks in peoples minds. And the more people will enquire more about it and what it offers

  12. Everyone could see that there was no need to appeal. I don’t know why they don’t work hard on criminal cashgate case and busy with political case, they worsted money for stupid case

    1. This pronunciation is from chirwa the same judge . Did you expect him to favour an appeal?

      The natural step is to petition sca independent of chirwa . That’s th procedure

  13. SOMETHING IS FISHY. HOW CAN THE SAME JUDGE WHOSE JUDGMENT IS BEING CHALLENGED CLAIM THE GROUNDS OF APPEAL ARE UNREASONABLE?8

  14. Bonya Dende, you’re too emotional in your speech. Remember this ruling is not coming from UTM, but courts.

  15. DPP and MCP were too cosy with each other. Now that UTM is in the mix, it will make politics a bit more interesting. Whether UTM wins or loses (and become the main opposition in parliament), the people of Malawi will still be the winners as there will be much more effective checks and balances in the house. No more bribing MPs to drive personal agendas and greed.

  16. it is sad that a party which claims to have professors can sink so low in making a senseless appeal,SKC is the man,nothing will change our minds,we are tired of these daily blackouts,ESCOM continue doing this torture because your days are numbered

  17. its a sad that a which claims to have sinks so low to that point.its time for change no turning back,SKC is the man .tatopa ndi ma black out ife.Ndipo ESCOM pitilizani kuthumitsa magetsiwo because your days are numbered

  23. Please I beg you to take my advise. Leave UTM and Chilima to register so that he will have no say when he looses. I can assure you that he is not going anywhere with this Bus Company UTM. If you prohibit him from registering, he will have a scape goat of his loss saying I would have won if I was not barred from registering. Research has already shown the results so what else do you expect. He is too baby to beat the major parties of DPP and MCP. I swear. Give his chance so that he can spend with his campaign and we will watch him crying on the day he has lost the game.

    1. hehehehe ingolembani chichewa a dpp cadet…he is too baby ndiye kuti chani?…Bonya dende di iwe eti

    2. Kodi inu mulibe manyazi? Whether Chilima will win or not it is to the people to decide. What UTM wants is to participate in Elections just like all other parties. Think of the World Cup how many teams participate and how many wins? All who participate expect two things to win or to lose. That is what elections are about. I can see that your Bonya brain is not helping you.

    4. losing or winning the party will be there.how long it may take as long as it makes impact on developing the country which does not belong to a particular party or person.take note that all parties belong to us the people.

    5. Zoona uTm singachite kanthu, Chilima akupusa ndikuchuluka kwaanthu . Anthu omweomwewo ndi amene amapezeka kuzipani zonse anthu ambiritu akumutsatira ndimbava zikufuna zidyenawo basi

  25. hahahahahahahahaha ife kuseka anthu opusa ngti inu a dpp kusamva kti ndnu ana kwambiri ndipo mwatchepa simunati tiyeni nazoni zikuvutani

  27. At the moment Chirwa is not the right person to respond to this application. This case should go to the suprime courts of appeal. Wina alili

  28. Thank God for the fact that Chirwa had the guts to throw it out and that has the work ethic to do his job quickly and dilligently unlike the other lazy stooges he is working with like Ansah by way of example.

  31. Shaaaa komatu koma. Boma likayamba kuluza milandu ku court umangoziwiratu lili pa ulendo. Komatu Minister of Justice Samuel Tembenu used to be a brilliant lawyer and a man of integrity before he entered parliament. What is he advising his juniors? Kapena akungowasiya kuti ayaluke? DPP should investigate his interests. I know some will say he isn’t involved as minister, but this is Malawi , laws only exist on paper , unless you meet judges like this one.

    1. The whole Government making an appeal against registering a political party leaving a backlog files un resolved,This is not reasonable

      1. Apa zaonekeratu kuti the Blues (not the former Nomads) sakugona nayo UTM. Kodi sipaja amati mwana akalirira nyanga ya mtsatsi mumusiyire imfotere yekha. Inu bwanji as the so called winning party mungokhala duuu, koma ndithu mpaka sinking so low like this! mukutichititsa manyazi. Zanu izo!!!

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