Malawi govt files notice of appeal against UTM registration: Judge ‘erred in law’

November 6, 2018 Nyasa Times Reporter 65 Comments

The Attorney General’s office has filed a notice of appeal with Supreme Court of Malawi to challenge registration of United Transformation Movement as the UTM party.

Chilima: We are going to meet there

High Court judge John Chirwa last Friday ordered registrar of Political Parties to register UTM within seven days and that the registration should be backdated to September 21 2018.

But Attorney General  through Neverson Chisiza, Senior State Advocate, in the notice of appeal seen by Nyasa Times argued that High Court judge “ erred in law and fact” by finding that UTM was not accorded an opportunity to be heard as if the party led by Vice-President Saulos Chilima was being accused of wrongdoing.

Attorney General cites Section 43 (b) of the Constitution of Malawi which simply requires that the party affected by the impugned decision by Registrar of Political Parries to be informed of the decision in writing with the reasons.

The State further accused the  Judge that he “ misdirected himself at law and fact “ in finding that the Registrar, in exercising his statutory duties, should have restricted himself to what was presented to him and pay a blind eye to what is in the public domain.

“The learned judge erred in law and fact in finding that the limitation or restriction to the Respondent’s Constitutional right did not pass the test obtaining under section 44 (1) of the Constitution when in fact it is clear that the said limitation is reasonable (avoidance of criminality), prescribed under the statute, recognized by international human rights standard and necessary in an open and democratic society,” reads the appeal arguments.

The registrar of Political Parties had argued that the UTM did not present itself as United Transformation Party, but as the UTM in the application, yet in the public domain, it was known by its full name.

The judge faulted the registrar’s decision, describing it as ‘unreasonable and unjustifiable’. He also faulted the registrar for not exercising rule of natural justice to hear the UTM.

Governance expert and commentator Makhumbo Munthali told Nyasa Times that from a pure constitutional perspective, the Registrar let alone the Attorney General have the constitutional right to appeal the ruling of High Court if they feel not satisfied.

“This is something you cannot take it from them. However, a quick political economy analysis of the appeal at hand seem to suggest that this might be the last attempt -at least for now- for the ruling party to further block the registration of UTM,” he said.

Munthali added: “This is politically significant to the DPP mindful of the delays that sometimes characterise the hearing of a case which would mean that even in the event that they (DPP masquerading as Registrar and Attorney General) are not successful in the appeal verdict they will have managed to plant seeds of suspense in UTM supporters of whether UTM would be registered or not. It is one of those delaying tactics aimed at frustrating UTM supporters further with the hope that some would jump the ship hence reducing its chances in an election.”

The UTM leader Saulos Chilima, who is the country’s Vice-President, declared that the UTM, warned his followers that they would face turbulence, but asked them to be prepared and be assured of successful landing, come the polls.

Chilima, who broke ranks with the governing Democratic Progressive Party (DPP) to form the UTM, said they will fight the appeal.

“Do not be intimidated, we fought for this democracy; we fought to be free, if they decide to appeal, we will fight them there. Don’t waste time with trivia or garbage,” said Chilima.

He said Malawians fought for democratic rule in 1992, and went for the referendum in 1993, before the Malawi Congress Party (MCP) was kicked out in the first general elections in 1994.

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65 replies on “Malawi govt files notice of appeal against UTM registration: Judge ‘erred in law’”

  1. Coming from QECH, patients are sleeping on the flooryet government is wasting money on useless things because of greed of wanting to hold on to power!

  3. I’m not a supporter of DPP and I will never support UTM. The issue of registering UTM as a political party is a simple one. Everyone knows that UTM stands for United Transformation Movement, having said that, why is it becoming an issue to register UTM using its full name. The registrar of political parties was correct to reject the movement to register using abbreviations. The question remains, what is the meaning of UTM? This has nothing to do with DPP playing delaying tactics but it is a matter of doing the right thing. The movement should just swallow their pride and register their movement using full name and thereafter use UTM in a similar way as we do with trademarks.

  4. Too many fortune hunters in our legal system. Why should our Attorney General Politician appeal something which is obvious. UTM will be registered, if not already.

  6. This is very unfortunate. I don’t see any reason why Government should be wasting our tax money on such a trivial thing. Blocking someone to register a party is not our challenge in Malawi. What is going on shows that DPP is extremely afraid of UTM. Who told them kuti ngamuyaya? Is APM really a professor? His leadership is very questionable.

  7. Forget all these legal shenanigans. They serve only to make lawyers rich. From the democratic perspective, what we can see is a government that is trying to prevent a considerable number of our people from voting for a party for which they wish to vote. Such an attempt is clearly undemocratic. If we had a Parties’ Description Act similar to the Trades Description Act, we could require the Democratic Peoples Party to change its name to one that more closely describes its modus operandi: the Undemocratic Peoples Party (UDP).

  8. It’s a known fact that DPP iis afraid of UTM asakudziwa kuti ikangolembetsedwa UTM, DPP ili m’madzi!

  9. Let me ask UTM diehards if I start a movement and I name it Asena Extremist Movement (AEM) or Muslims Brotherhood Front (MBF) can the political party registrar approve their registration as AEM Party or MBF Party knowing very well what those abbreviation stand for?

    1. You don’t need to include the word party in the name of a political movement before it can be considered as a party… I agree political parties should register full names not abbreviations….. Political parties names n symbols are registered so it doesn’t clash with other political parties ..political parties with names without the word parties abounds across the continent… Its the aims n purpose of the organization that qualifies it as a political party or otherwise…..

  10. It is a known fact that Peter Mutharikarim has given the DPP people including the so called attorney general money to block UTM. We know that very well. Mwapasana ndalama pakati panu a dPP. Ndalama za misonkho ya a Malawi. Mbuzi za DPP.

    We also know that DPP is stealing a lot of taxes by inflating bills. Anthu a DPP, you are hiring vehicles in the name of government. There is a certain car hire in Blantyre where all this is happening. DPP people are the most evil people in Malawi. DPP is sending inflated bills which are then being paid by government.

    You evil DPP, why are you clinging to power when majority of people are suffering?

  11. In DPP Government you can’t trust any one. all of them are thieves. Chilima did well to eject himself

  12. LET’S BE CLEAR HERE: No one is attempting to block Chilima and his Party from registering, and legitimately competing in the upcoming elections. The people are simply asking UTM to follow the law; and no favors please from anyone including a judge.
    Think about it. What is wrong with UTM registering their Party by the full name of United Transformation Party? What is the problem here? They should be proud of TRANSFORMING the country – but as to what destination, even Chilima doesn’t know. And, after registering by the full name, the Party can still be referred to as UTM, and that would be alright. We can all live with that.
    Kodi pa Msonkho olo pa Passport, boma lingalole kuti munthu alembese dzina loti A.O.N.M. m’malo mwa Awoneni Okwera Njinga Mangochi? Nonsense.
    Meanwhile, this “distraction” is diverting valuable resources from the Party; and as opinion polls begin to slowly deflate the UTM bus. It will be very difficult for the new Party to bounce back after the faulty take off, and after a few boondoggles, like Chilimas performance on BBC HARDtalk with Zaina Badawi, and his nonsense speech in KK last weekend – that was embarrassing.
    Achina Chilima akukhala ngati mwana wa makani, ngakhale atalakwa safuna kuvomela ndi kupepesa.

    1. Which section of the law states that mere abbreviation and or letters in political party registration papers can never be assumed as a name of any political party? Inunso nanu, ngati a DPP mukukhala ngati inunso osazindikila!! Sincerely you have no basis to push UTM to elaborate more on their abbreviations! But what do we see, you still keep up to be too noisy for nothing!! Worse still why has the state engaged AG and approved use of national resources/finances for a very useless argument like this when we have too many MDAs complaining of not receiving resources from treasury!! What type of prioritizing is this? Kusamvaku chikupangitsa ndi chani kodi? Sincerely does this issue demand the interest of the AG beyond the Registrar of political parties? Mxiiiiiiiiiiiiiiiiiii

      Taoneni mapeto ake, chifukwa mukuuuumiliza anthu kuti achite zomwe sakuona zofunika kuchita mapeto ake ndi kulemba ndowe zokha zokha! Zotsatila ndi zomwe zayambazi kuti they will bear the costs, choncho kumaseweletsa ndalama za boma! Mxiiiiiiiiiiiii

  13. The appeal has lots of mistakes or deliberate mistakes. There case number say case # 113 of 2017. UTM wasn’t there.
    The application is being made to high court not supreme court.
    What is wrong with our learned friends of capital hill?
    This case is a waste of time and resources. Our politicians despite going to school are behaving like nicompoos.
    Nearly 60 years of independence we are still myopic . Those in Bt and drive using Sobo road will agree with me that road works taking place were unnecessarily as the road was not in bad condition. Someone just wanted to make money. The mbayani road we were told that it will be dual. What we are seeing is different. The future of this nation is not good. Fellow malawians let’s change . Let us love each other. We are not enemies to each other. Democracy requires us to be accomodating. Stop this madness. Stop stealing from govt coffers. Stop stop stop stop..MEC is another disgrace. Listen to the crowd of the people. Resign .

    2. @Kalulu,
      I have the same feeling of our Country men and women,i think Malawi is one of the place where everything start without its source, until when are we going to be like this? i mean being fools? i would say more, ndalekako ine, Dziko lopsetsa mtima ngati ili aaaaaaa.

    3. Strongly agree! Check the type of contractors they are using in those projects, you will see that they are conduits & tikunena panomu ma K145 million alowa kale m’ma account a anthu!! Cry my beloved country! The saddest thing is that, we Malawians ate to docile! Worse still those who are in fore front on checks and balances nde ndi malemu okha okhaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

      If it was in another country zautsilu akuchita Jane zi ndithudi pano atachotsedwa kale kale………………… koma tangoganizani judge wa supreme court of appeal akuti kusowa machine awiri a chisankho si nkhani yoopsa, ndipo kusowa kwa mashiniwo kwa over three months sinkhaninso iyayi!! Koma kuona ma electoral stakeholders basi ndithudi akuona kuti kuli bwino kupitilira ndi zolakwikazo, chachikulu chisankho chidzachitike, kaya ndi zobelazo palibe vuto, mxiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii

  14. Shooooo why government it is so so afraid of chilima, now Malawian they will be asking questions why dpp government it is not sleeping at night because of this issue of UTM, and they will make UTM popular because now it will be the big news every day, in so doing it will attract public interest and it will work well for UTM because government it helping them by fighting with chilima, remember what happened ANC and EFF: ANC was fighting with Malema every day but now the made him popular so wait and see what will happen soon no one will believe

  16. You Vitumbiko,what do you mean when you say a typical northerner full of hate? And what is your understanding of democracy when you say Judge Chirwa is a threat to democracy? It is DPP that is a threat to democracy because its leadership wants to derail UTM registration. Your party unleashes terror on people using Cadets, would you describe that as being democratic?

    Your blind following stems from your ignorance and lack of love for your country. Your party has caused a lot of suffering on Malawians and you have the audacity to criticize judge Chirwa, a learned person who understands the law? Do you have any legal background Vitumbiko? It seems you have a personal hatred against Judge Chirwa and northerners in general.

    You need to understand that democracy is under threat from DPP and Judge Chirwa is one of the responsible people who are striving to correct that. The country can not afford to continue being catapulted into blackness of despair by the DPP. DPP is an irresponsible party that deserves no continuation and it is surprising supporters like you feel disturbed when more responsible parties need registration or offer hope to the people. Are you happy with the state of affairs of the country? I am inclined to say you have lost your reasoning and your soul .

    1. That responsibility of a judge is to apply the law without bias or difference to political considerations. Hatred for DPP cannot and should not loom large over a decision of the Court.

  17. You are trying to force yourselves on the people you evil bastards. You know you can’t stand a chance against UTM in 2019. You have stolen a lot from people and you are scared of being locked up after elections. You have promoted tribalism openly without shame and have put Malawi on the knife edge. No matter what,your intentions will fail.

    1. True… the DPP thugs trying to impose themselves on people. Very few okuba anzawo are the ones who want them. Thieves

  18. kkkkkk uku ndiye kusowa chochita, registration of a simple party mpaka nkhani ikafika ku African Union, kenako ku Hague Court of Arbitration!!! Olo manthawo abale.

  19. Ine ndikuona ngati amene tikuti iyi ndi delaying tactics ya boma tikunama tingofuna kusangalasa a UTM iwowo chomwe analekela kulemba full name ndichani si u crook wa anthu amu UTM umenewo. Bwana wawo piano capita Ku Dubai Ku ya maiko soon ngati sakumupasa ntchito capita kumeneko pa ticket iti anthu a UTM boma bola MCP

  20. this so called judge john chirwa is a threat to our democracy.He makes very questionable judgements.He uses hatred not what the law stipulates… A typical Northerner full of hate…

  21. Kkkkkkkk mantha apumbwa awoooo!!!!!!! DPP Mutayilanji nthawi moti muzilimbana mavuto ambili amene ali mziko muno monga mankhwala ku chipatala, masukulu akupha ana ku Zomba. mukulimbana ndi nkhani ya ziii yimene aliyense ndi Galu yomwe yikuziwa kuti simungapambane.

  22. Kaya UTM won’t be registered or will be registered, koma my vote cant go to Dpp. I have plan A and B already. You block UTM then my vote goes to Mcp bola than agalu a Blue inu.
    But one thing I see some of you making these appeals, ur president is already 80years old and and old, you are around 30 or 40 to 50. Why besiding with someone who is already gone? Anyway I am not God and I cant know who will die first, koma looking at nature eeee APM is about to go. So muzatani Agogowo akapita awa amuma 45 atatenga udindo? Simuzalithasa dziko lanu lomwe, ask JB

    1. Kodi a Saulosiwo chomwe amalepherera kudikira 2024 poti iwo ndi aangono ndi chiayani? Dyera! Kufuna kudya msanga!

      2. What do you mean ndi ang’ono mbuli iwe. Ukufuna kutiuza kuti iwe ndi anthu a Ku France omwe anasankha Macron yemwe ndi wamng’ono kwa Chilima ndi iweyo ozindikira ndiwe? Nanga ma British omwe anasankha Cameron ngati Prime Minister ndi iwe ozindikira ndiwe? Iwe ndikape zedi.

        1. Pa Botswana pompa yapa ku Africa konkuno wina anachita kumusiyira nzake. Wina ku Malawi akukana kutula pansi ndiu chairman/chairlady wazisankho, uprezidenti ndiye bwa?. Mbava zichoke basi! KOMA AGOLOGOLO ALIPOBE AMBIRI ETI!

    2. They realised (mbavazi) that they can’t even campaign. They have decided to push Nankhumwa (a lesser evil – wa certificate) infront) while mbava zikuluzikulu have gone for a moment.

    1. Attorney General is govt’s lawyer and Registrar of Parties is a govt body. Nothing fishy here. Attorney general cannot refuse a case if in its eyes it has merit.

      1. Merit my ass! Violating other people’s rights…wasting tax payers money we all know how it will end! The AG has be shunning real cases now this one he jumped out of bed real quick cause his Dpp!

      2. Attorney General wake wa DPP? Zochita kuwonekeratu kuti ali pampanipani AG kuti mabwana ake asangalale. Acting as DPP lawyer.

  24. Koma ndalama mukuonongera pa zinthu zopanda pakezi bwenzi mukuwamverako chisoni aMalawi chonde. Mulungu akuona

    2. Have you forgotten that it Chilima and utm and not the registrar of political parties office that took the case to court? And when Chilima dragged this office to court you wicked hypocrites didn’t blame Chilima for making the government to waste money on useless things. Now you want to pose here as someone who cares for Malawi? Stupid crocodiles! Go to hell with your crocodile tears.

      1. You’ve water in your head! If it was Chilima in his name, dpp would have done the same by using somebody’s name, not government agencies!! By implication, the coming in of AG purely shows that taxes are being misused on this!! What is the interest of of the Registrar of political parties and AG in this case?

      2. Cause Chilima “if he had lost presumably he would paid out of his pocket unlike the stupid registerer who is going to pay from govt coffers either way ( this very money would have saved ur ass in hospital for drugs on that narrow minded brain diseases your exposing yourself here pal!

      4. You little ass cunt Funny. Look at the country in a despair state. People like you who support DPP deserve to be locked up. You people have not heart for Malawians and Malawi. Your last gasp effort to derail UTM coming to power will only energise UTM. I was praying for the appeal. Think about the sympathy vote going to UTM. You DPP slugs need to be thrown out of the country because of lack of patriotism.

    3. Ndiye ndale zimenezo. Walira mvura walira matope! He should have known when joining politics. He will practice the same politics maybe even worse if he wins

  25. NBS Bank was formerly known as New Building Society (NBS) but now they are registered as NBS Bank. What is the difference with UTM party which when it was initially formed was called United Transformation Movement (UTM)? The government now shows it is really scared with a party that has come third in the opinion polls.

    NBS Bank or New Building Society
    UTM Party or United Transformation Movement
    Who decides?

    1. Your problem is that you are comparing polical parties with banks .The constitution might not apply the same way …

      1. @Vicky, the argument by @Agenda Setting Theory is valid. The issue here is the registration of organizational names / business names. In other jurisdictions the Registrar of Political Parties and the Registrar of Companies are one and the same officer.

    2. Simunati uku ndikuyamba mulira zenizeni kikikiki. I am surprised all the so called “smart” utm people didn’t see all the registration challenges coming when you were forming this party considering the fact that UTP president is today utm and that UTP is not deregistered. One would expect utm to foresee this coming and rectify it before you thought of registration. Now here you are implicating yourself against the law.

      1. All the smart people in UTM saw that inu Apumbwa anthu akuba will try to block this starught forward case. FYI that’s why Newton Kambala is in UTM executive, Saulosi Chilima can stand as a candidate for United Transformation Party. Tikamati ana mwachepa , muzimva ma bulutu

    3. Agenda, you are comparing business with politics. Have you heard the term “ Mergers and Acquisition “ Do research if you have not heard. Find out. Find out from Register of Companies, not Register of Political Parties.

      1. Thanks, let us wait and see what the supreme court will say. But it is strange that in democracy the government should be in fore front denying other people to register their party. If they have decided to call their party UTM why should that be an issue?

  26. Hahaha saza waka DPP. ndipu echekuluza… Atonga wonse angavote chaa DPP. if not UTM then MCP woyeee

  27. Ngwime /A Bwampini awa ali ndi manthadi. Akufunisitsa UTM isiyima nawo basi. Apindira michila ngati agalu.
    Nzolembalemba izi

    1. The Govt is fighting a losing battle. Mwasowa chochita ndi ndalama za misonkho ya Amalawi, there are no drugs in our public hospitals and yet you are paying lawyers millions of kwacha to represent cases which have nowhere to go. Stop this and spend our taxes wisely.

      1. @Awize

        It’s not the government or the office of the registrar of political parties who took this case to court. Rather it’s Chilima and utm who sued the office of the registrar of political parties. Consequently, it’s Chilima who is wasting your so called tax money, though I am hundred percent sure that you don’t tax to Malawi government. When Chilima was dragging the govenment to court you didn’t know that the government will spend money when responding to Chilima in court, right? Stupid hypocrites!

        1. Funny, again you are such a short sighted small minded dweeb. You and Your DPP gang started the fight by blocking the registration of UTM in the first place. Did you want UTM to stand still and watch? You people will face an embarrassing defeat come May 2019. Despite the fact the president in waiting SKC has indicated, you people do not need to be vindicated for your brutality, revenge must be eminent. Mwazunza a Malawi abakha inu

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