UTM appeal on registration set October 16: Chilima argues Registrar erred in law ‘from his voyages of discoveries’

The High Court in Blantyre has set October 16 2018 as the date to start hearing the appeal by newly formed United Transformation Movement (UTM) against the Registrar of Political Parties’ rejection of its application to register as a party.

Chilima:  Turns to court for UTM registration

The movement —which is led by the country’s Vice-President Saulos Chilima who broke ranks with the governing Democratic Progressive Party (DPP) and declared he will challenge President Peter Mutharika in the presidential race in the May 21 2019 Tripartite Elections—disagrees with the registrar’s decision to throw out its application on the basis that the grouping flouted the law by seeking to register using its abbreviation UTM instead of the full name ‘United Transformation Movement’.

Deputy Registrar of Political Parties Chikumbutso Namelo alleged that the use of the abbreviation instead of the full name was a deliberate scheme to mislead the registrar because there is another registered political party with a similar sounding name.

The deputy registrar was apparently referring to United Transformation Party (UTP) registered by businessperson Newton Kambala who earlier announced his partnership with UTM at the movement’s rallies but has not committed to deregistering his party.

But Chilima through private practise lawyer Michael Goba Chipeta is arguing that the Registrar made a material error in law and fact in holding that UTM closely resembles UTP.

“It should be pointed out that the Registrar went on a frolic of his own looking for evidence that UTM is an abbreviation of United Transformation Movement.

“From his voyages of discoveries, UTM was not a stand-alone name, but an abbreviation of United Transformation Movement.  Paradoxically, the Registrar made his decision barely on examining the party’s application from the accompanying documentation that is all before the court,” said Chilima in his sworn affidavit.

He argues that UTM’s application had application form one which included two duly certified copies of the constitution and manifesto of the party, list of particulars of the leader and office-bearers of the party and list of particular of registered members of the party in excess of 100 members

Chilima also argues that at no time did the Registrar of political parties invite the office bearers of the UTM to satisfy himself as to whether what he thought was evidence from public knowledge was indeed correct information, saying the name of the party is decided by the party itself and not an outside.

He argues that if the party decided to be known only as UTM and register it that way, there is no law that forbids that exercise.

“Such a move is perfectly legal,” argues Chilima.

Chilima officially launched UTM at Masintha Ground in Lilongwe on July 21 and the movement has since been criss-crossing the country canvassing for support and is expected to hold the national convention slated for November 9 2018.

This is not the first time that a new political party challenging the status quo of a governing party has been in trouble with the Registrar of Political Parties.

In 2003, three men Chikumbutso Mtumodzi, Thom Chiumia and Ken Ndanga disturbed attempts by Brown Mpinganjira to register his National Democratic Alliance (NDA) when they first registered a political party in the same name then later changed it to New Dawn for Africa in another attempt to stop the registration after the High Court intervened.

In 2011, People’s Party (PP) started by the country’s then Vice-President Joyce Banda also had trouble registering the party when the Registrar of Political Parties rejected the application on the grounds that the abbreviation was too similar to that of People’s Progressive Movement (PPM) and Maravi People’s Party (MPP).

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Nalingula
Guest
Nalingula

I will Register United transformation Mbakuwani – UtM.On the abbreviation T yo ndi small Letter mupawonesese a Registrar.

Napoleon Muza
Guest

So Absalom thinks the register erred. Let us wait and see who erred. The problem is even the followers of Absalom cannot see the wrongs. The movement had produced materials which are written in full not abbreviations. Every party has abbreviations, but registration is done with full name. Good example is you can’t register on your I’d with initials only, it has to be in full. Newton Kambala is playing a chess game here, next you will dismantle and join him. Good luck.

MASO ENA
Guest
MASO ENA

What if UTM is just a ‘name’?

Tatopa
Guest
Tatopa

I just love your tenacity, your fighting spirit! You are going to be great for Malawi !!! Nothing shakes you! You are so calm and deliberate. Can’t wait for May21st…….🔥🔥🔥🔥 change is coming!

pathfinder
Guest
pathfinder

Chilima just fix the error that has been pointed out if you are that smart. And to you some idiots commenting here thinking someone is trying to block chilima from registering utm, get your mamina brain straight please. noonne is blocking nobody, there’s no way in any country you can register your party as PDP without telling people what it means. So go and tell your stupid chilima to fix this so that we can see each other on judgement day.

DR MANGA
Guest

SOME MALAWIAN PARTIES AND THEIR NAMES

REPUBLICAN PARTY
NEW REPUBLICAN PARTY

UNITED DEMOCRATIC FRONT [UDF]
UNITED DEMOCRATIC PARTY [UDP]

PEOPLES PARTY [PP]
MARAVI PEOPLES PARTY [MPP]

MALAWI DEMOCRATIC PARTY [MDP]
MALAWI DEMOCRATIC UNION [MDU]

Chatinkha wa DPP
Guest

Even me the standard 8 school leaver know that there is no problem kupanga register as UTM, this registrar is very dull, how can he be busy looking for evidence outside yet owners of the Party have given him the name UTM is writting? Useless DPP Cadet.

#DzukaniAmalawi
Guest
#DzukaniAmalawi

UTM goofed on this one. Someone heeds to be fired for making such an error in law compromising registration of an entire political party. It may well be that UTM won’t exist in the form that it was envisaged just because of a small oversight by some not-so-smart chap. This is banging of a major proportion no matter how UTM wants to slice it.

time
Guest
time

Satan is a chief copycat and so are his children. Tisadabwe tinamaona anthu akamakopela utm . Ana a dyabu amenewo. The devil will never win a war against God. You who are fighting against the children of God, will not win .

CESSPOOL SIMALOTO
Guest
CESSPOOL SIMALOTO

Namely will be severely haunted by his unprofessional overzealousness. Unless he qualifies for Zomba mental clinic every shred of his body must have gooseflesh you can’t enjoy crying beyond the voices of the political players in curtailing the activities of UTM the advent of UTM on the Malawi political terrain is not accident it is the handwork of DPP sloppy performance in the last four years. Look around you won’t find a bin into which you can dump the UTM it has a portion on the history of our nation your intentions to block the registration of the UTM will… Read more »

Make Malawi Great
Guest
Make Malawi Great

They rejected PP cause was similar to PPM and MPP but never rejected PPM that its similar to MPP? This Registrar office need drain the swamp! Lucky the courts atleast up hold justice in these dpp-led state capture world.

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