Plot to bar UTM flops again: Justice Minister gazettes Political Parties Act operational Dec 1

Threatened by the registration of UTM as a political party, Minister of Justice and Constitutional Affairs Samuel Tembenu has gazetted a notice of commencement of for Political Parties Act from December 1 2018, which President Peter Mutharika assented to on January 24 this year with the aim of barring UTM of contesting in next year’s elections.

Tembenu: New law compels political parties to disclose their funding

One of the provisions of the Act is that a political party must exist for at least a year before it is allowed to participate in elections, which analysts fear is targeting UTM.

According to the notice of commencement, dated November 1 2018, Tembenu said in exercise of the powers conferred on him by Section 1 of the Political Parties Act 2018, he appoints the December 1 2018 as the date on which the Act shall come into operation.

However, Malawi Law Society (MLS) president Alfred Majamanda said, that as is always the case, the law will not apply retrospectively, as of December 1.

He said there is nothing for UTM or any other newly registered political parties to fear as the law cannot be applied retrospectively.

“We all know that the law cannot be applied retrospectively and essentially what this means is that when the law becomes operational on 1st December 2018, any political party registered after this date will have to operate for one year before they can contest in an election, so all those registered before will not be affected by this law,” said  another constitutional lawyer who asked not to be named.

This comes as a relief to UTM supporters who felt the law was being targeted at them barely a day after the High Court in Blantyre ruled that the Registrar of Political parties should register UTM as a political party.

Some of the major changes the new law will bring once in force on December 1 is the banning of handouts by politicians and disclosure of party financing.

Among other issues, the new law compels political parties to disclose their funding and donations of K1 million and above from individuals and those above K2 million from companies.

The Political Parties Act is replacing the current Political Parties (Registration and Regulation) Act and addresses challenges faced when regulating the registration, financing and functioning of political parties in the country.

The MLS president, however, requested government to give notice of commencement for Access to Information (ATI) Act, arguing it is an important piece of legislation which can facilitate what the nation aspire for as a developing democracy.

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matela
matela
5 years ago

BWANA PRESIDENT ,NICOLAS DAUSI ANALEPHERA KU MCP LERO ASAKUNAMIZENI,AKHALA NCHACHA NDI NANKHUMWA NDI ANA AKUPUSISANI ,MUNASAKHALA BEST RUNNING MATE SAULOS GIVE HIM A WAY TO RULE..SO THAT YOU WILL BE RESPECTED

ILLEGAL IMMIGRANT
ILLEGAL IMMIGRANT
5 years ago

NOW IS THE RIGHT TIME TO
SEE GUENUINE LAWYERS WHO WENT TO COLLEGE THROUGH MERIT COMBINED WITH WISDOM — SECONDLY WE CAN SEE LAWYERS WHO DID CORRESPONDENCE (ADULT LITERACY EDUCATION WITHOUT WISDOM —

Mangochi Kabwafu
Mangochi Kabwafu
5 years ago

Kikikikikikiii, koma abale! Mwati temabanuyu or whatever his name is, anapitako ku sukulu?

CESSPOOL SIMALOTO
CESSPOOL SIMALOTO
5 years ago

Maulemu kwa Charlie Hebdo wakunga mfundo zolimba ndinu oyenera page pa Nyasa times God bless your nimble brains asante

Izeck
Izeck
5 years ago

This is another bulshit the DPP guys are trying to do., so this means you are spending sleepless nights with SKC.?

Charlie Hebdo
Charlie Hebdo
5 years ago

The law was assented to in January this year but the thieving president and his party did not want it operationalise until they discovered that UTM was a force to reckon with. It is no secret why the thieves did not want it operationalised. It would mean APM disclosing the source of MWK145 million in his personal account disguised as a party account, the donation of the five vehicles worth MWK85, and the forced donations by waterboards, city assembles and many corrupt public institutions made to DPP. These are just a few we know, what of those we do not… Read more »

Patrick Mbewe
Patrick Mbewe
5 years ago

Mafana mwachepa , Saulosi anakuuzani kale. Why do you think UTP is included in UTM? if you bar him on this stupid law, he will stand as UTP ya bambo Kambala? Moto boooo. Mwana uyu simunutha

Patrick Mbewe
Patrick Mbewe
5 years ago

The act is for Dec 1, 2018 and was accentend to in Jan which should be 2018, but the date to day is 5th Nov 2018? Are the dates correct?

symon
symon
5 years ago

this old man has to be out of government dyela too much ndalama za nkuluwake za 10 years ndi iyeyu 5 years imeneyi alinazo koma kukakamila mpado for nothing, tatopa ndi boma kulamulilidwa ndima layer amaba ndalama kusowesa evindence at the expense of the poor ali kutali ndi economy these lawyers, bora akalowe mu chamber azigamula milandu

dumisani chipofya
dumisani chipofya
5 years ago

why all this , people in government always want to bring laws to silence people and protect the president kenako antu fe tizivutika boma ili sila muntu mmozi kuti chilichose kusinta malamulo zizimukomela iyeyu ayi zimenezo after all penter mutalika has been given arleady fives and his brother analamulila 10 year bingu Wa mutalika ,si ufumu uwu mpaka kuyamba kunsita malamulo kuti antu ena azivutika for nothing after all iyeyu ndalama za nkuluwake ndi zaiyeyu alinazo kale , akuvutikila chani this oldman

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