Legal expert accuses UTM of Tonse Alliance breach
The decision by the UTM to walk away from its political alliance with the Malawi Congress Party (MCP) has sparked a legal debate. According to legal expert Gladwell Majekete, UTM may have violated the terms of the agreement by not exhausting the dispute resolution mechanisms outlined in the document.
The lawyer indicates that Article 5 of the alliance agreement stipulates that if the parties fail to resolve their differences, they should appoint a panel of three arbitrators, including a retired judge and a member of the clergy, to make a binding decision.
However, when asked why this process was not followed, UTM spokesperson Felix Njawala said their “partners can respond better on this one.” He did not indicate which partners since the partnership with MCP is no longer existing.
Meanwhile, Enock Chihana, the president of the Alliance for Democracy (AFORD), who signed the document as a witness for UTM’s Saulos Chilima, acknowledged the difficulty in pursuing the dispute resolution process.
Chihana stated that MCP’s shift towards focusing on the country’s constitution made it challenging to steer the alliance towards the agreement’s guidelines, ultimately leading to AFORD’s own withdrawal.
Commenting on Chihana’s sentiments, a senior Political Scientist Joseph Masina has argued that respecting the country’s constitution over a contrary stipulation contained in any other instruments such as the touted Agreement is most important. “It would be irresponsibility of the highest profile if the Head of State and Government chose to act to respect some conspired arrangement such as the much-talked Agreement, while knowing such acts would be against the Constitution which he swore and remains under an obligation to respect and protect”, he said.
The conflicting accounts and the apparent failure to adhere to the dispute resolution mechanisms have raised questions about the legality of UTM’s decision to sever ties with MCP. Legal experts suggest that the party may have violated the terms of the agreement, potentially opening the door for legal challenges or reputational damage.
The breakdown of the UTM-MCP alliance, which was formed in the lead-up to the 2020 court-sanctioned Fresh Presidential Elections, has added mixed reactions in the political theatre with some suggesting that political arrangements should take precedence over Constitutional demands.
Majeke further point out that the dispute resolution process outlined in the agreement, if properly followed, could have provided a formal and binding avenue to address the partners’ differences.
However, the failure to pursue this route, he says, has now left the situation in a legal grey area, adding to the ongoing political divorce between UTM and the ruling MCP.
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The following strategies could have helped if followed by UTM before leaving the alliance;
1. Open Communication: Encourage transparent and honest dialogue among the parties to address concerns and misunderstandings.
2. Shared Goals: Focus on common objectives that brought the parties together, which can help align their efforts and reduce conflicts.
3. Negotiation and Compromise: Engage in negotiations to find mutually acceptable solutions and be willing to compromise on certain issues.
4. Mediation: Involve a neutral third party to mediate discussions and help resolve disputes impartially.
5. Clear Agreements: Establish clear agreements and protocols for decision-making, conflict resolution, and the distribution of responsibilities and benefits.
6. Regular Meetings: Hold regular meetings to review progress, discuss issues, and make necessary adjustments to the alliance’s strategies and plans.
7. Flexibility: Be flexible and adaptable to changing circumstances, allowing for adjustments in policies and strategies as needed.
8. Leadership: Strong and effective leadership within the alliance can help guide parties through conflicts and maintain focus on common goals.
9. Respect and Trust: Foster a culture of mutual respect and trust among the parties, which can help in navigating disagreements and maintaining a cohesive alliance.
By employing these strategies, political parties can better manage their differences and work together mfectively within an alliance.
Why is the legality of UTM withdrawal questioned here while certain aspects were not being followed for instance appointment of members to the cabinet?