UTM registration ruling deferred: Lawyer refers to constituting documents on party name not what’s in public domain.
The High Court on Tuesday reserved judgment on a challenge by newly formed United Transformation Movement (UTM) against the Registrar of Political Parties’ rejection of its application to register as a party.
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—is challenging 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’.
In court lawyer from Attorney General’s chambers Loness Michongwe argued that the Registrar of Political Parties was “ justified” to look at what was in the public domain in declining the UTM registration.
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 UTM’s lawyer Michael Goba Chipeta argued that all the necessary documents for registration purposes were filed and that the Registrar of Political Parties made a material error in law “to look beyond the documents.”
Michongwe said it was right for the registrar to take into account what was in the public domain, sayng the name United Transformation Movement was already in the public domain so any reasonable registrar would have arrived at the decision he did.
However, UTM’s lawyer Goba quashed the claim, saying any reasonable or well trained lawyer should not have made that assertion.
Instead, he says the legal question in the legal matters should be : what are the constituting documents and what do they say about the name of the party, and not what’s in the public domain.
After all, he pointed out that there have been a lot of things in the public domain such as Chilima Movement, United Transformation Movement, and Transformation Movement.
Case was adjourned to a later date to be announced soon.
UTM interim secretary general Patricia Kaliati told the movement supporters outside the court that they will continue its mobilisation ahead of the election as they sort out the registration issues.
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.
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Kodi ndichipani kapena gulu? Kaledzereni uko ndi abwana anuwo.Mmangomva ndale,a Nyapaphi inu
Malawi nde imeneyo imakala ngati nyumba yamuntu mumozi ngati iyeyu safuna mudye zimateka kwambiri
antu a DPP mumangofuna kuwasega antu pakamwa chifukwa chani nkani yolembesa chipani a register achuke nayo ngati wapanga zanzelu zazii ngati zimene, mube ndalama musowese umboni muzikomu komaso kupanga promote ma cadet kuocha magalimoto
The problem with the name UTM is that it will be up to people to interpret its meaning. The lawyers can argue it is just a name and people should not go beyond papers, but then people will come up with its meaning. Again, please government lawyers take note that Chilima himself and many leaders of the group have on several occasions mentioned the name United Transformation Movement. That is enough to suggest that UTM means what we are saying.
If its been used by the leaders verbally why are they not put it fully on paper kod?
Why are they failing to put its full name on the papers then? At once the UTM guys should be serious ndithu.
I am not a lawyer by profesion myself and by such I can not fault the registrar on his decision to decline the registration of the new born party on the political scene as UTM. What is legally challenged is backed legally as well. The issue here is simple, let Chilima and his folks highlight the mistake and do the needful. The registrar can not act based on what is in the public domain but rather what is in the constituting documents. Its surprising to note why the party is failing to register its full name. By the way, this movement is in a way more like a coalition. We have Odya Zake alibe mlandu and UTP under its skirt. I dont know what will become of it if these surbodinates will want supremacy as well. I am here observing with keen interest.
UTM would want to be clever in hiding the meaning cause registrar of political parties register parties not movement. Running away from that you have hitted on the existing party United Transformation party. Problem ya zipani za kubanja instead of let the new member to take over both of you thought of coming ndi new name. A name is not an abbreviation, munamvapo kuti. My simple advice is already given above that you rebrand to National Transformation Party. Registrar is likely to loose this case but will bring another argument akukananinso salemba ma movement or abbreviation.
My friend after all these are said and done,beleive you me it will be registered at all cost. Mark my word and keep this date.
Come on. You dont need to have the word party or chipani in the name for it to be a party.
The word movement in the party’s is not a problem. A party can be called anything without mentioning party in its full name. In Malawi some of the popular words that have been used instead of party are front in UDF and Alliance in AFORD and NDA.
Koma why such an oversight???? Why cant Kambala de-register his UTP and pave way for UTM registration? Munayamba kupereka hope bwinotu koma apa nde mwagufa. Zikavutisisa, rebrand, it come at a cost koma nanga mutani
mwayankhulatu anthuni
There is no way a political party can emerge with unclear names like UTM – names should be clear and should mean something. This is a movement in the first place; where its leaders do not know what they are doing. We need names – it could be “National Transformation Party” Not UTM. what is that? The danger is for such grouping to come again tomorrow to tell us a different meaning of their name.
Inunso ndiye ndi ochititsa manyazitu. Do you know the meaning of “Front” in UDF” . ? WHO says every political grouping intending to go to national polls should have “party ” in its name?
Wochititsa manyazi ndi iweyo. The “Front” in UDF was because during UDF registration, the Malawi constitution only allowed one party – the MCP. In addition, there was no Registrar of Political Parties then. Osamathangira kunyoza anzanu,
Ok do you mean Standard bank is lite. Olakwisa ndi a NBS
You you don’t know the NBS means New Building Society?? Why are you running away from the thing you started by yourselves, we know you as United Transformation Movement. Highlight it on your application you will be registered simple
Go and redo your research, NBS does not mean what you are saying, Its just a name as it is. Mutonamapo apa
kkkkkkk!!!!!! UTM maina awa alibe mdalitso kk!!! maina akunyanja – if you think you are brave enough why not change the NAME – Now because you are in UK just borrow one name from there – now look you think you can argue with High Court Lawyers??? shame on you. Come back and you shall be forgiven before it’s too late or else the shadow of shame will follow you untill 2019 woooooo!!!!!!!
we intend to register our own movement. UTM UNITED TRADITIONAL MOVEMENT
UTM musathe mau. You will be registered as such but as soon as you do that someone will apply to register a new party called United Transformation Movement tizaone ngati simuzaliranso pano. Simwati United Transformation Movement is not UTM! Tiona.
What is DPP and the got it leads scared of. I don’t think UTM would make such a dent to DPP’s incumbency. They have a machinery that is so oiled in the government that challenging it’s dominance would be a waste of money and energy. If indeed UTM is regarded as a challenger, being a party formed and registered barely a few months before the elections, then DPP isn’t worth governing Malawi. Just leave UTM alone and if anything will die natural death.
@DzukaniAmalawi. Dude what’s this topic got to do with DPP? You think you are smart don’t you? You have something stupid to say on every topic smart ass? Guess what, most of the times you get your comments off target. It’s simple just give the registrar a full name not just an abbreviation. Is that too much to ask? I mean did this issue really had to go to court? Now can you tell me that these dander heads aren’t ignorant and arrogant? They absolutely are, so imagine removing Peter of which you call him names one of them ignorant and replacing him with this grouping that has a lot of mbuli, where would our country be by the end of their term?
Democracy allows each one of us to have a voice and contribution whether stupid or smart. Democratic values gives all of us airtime to be heard. Freedom of speech I suppose.
Sitikana kuti ufulu ulipo, koma kutukwanaku ndiye kwatikolatu. Iwe ukamayankhula zoipa za MCP have you ever see someone coming here kutukwana? These personal attacks doesn’t have space here, at the end of the day we are all under one Government, Kaya good or band until tichongeso ulendo ukubwelau.
Let’s respect each other, ndiye poti malangizo kwa opusa umangoputa nawo udani, ine ndakonzeka kukhala mdani koma nditanena chilungamo,.
But relatives, what is the meaning of UTM Party? Why should the country be fooled by registering meaningless abbreviations? Fear that the full meaning will be a duplication of the party belonging to Kambala, one of their own but who will keep his party registered. Kumwaaa kapena chani? Is there no one in that movement/party whose eye-scales have been removed and now sees properly? Is the Secretary General Motor-mouth Kaliati not able to understand this? Nanga nkulu wa Nkalabongo wophunzira mom’muno uja also cannot understand?
The problem was to brand the Party before registering it.UTM would have completed the registration processes first before everything else.Shaaa now they will doing things in reverse.
UTM members are babies. You think you are clever by disowning your name United Transformation Movement. You have already marketed it. If somebody takes it, you will greatly lose and will fail to defend it in the court of Law. Learn to take challenges head on osati childish like what you have done. Evidence will be brought in court, your own Tshirts written United Transformation Movement.
UTM stupid idiots, if they can’t be trusted with revealing a name they shout everyday, what more with money….only a fool will trust this electrogate man
UTM is a grouping of disgruntled individuals who want nothing but power. It is not surprising to read from the social media that ayamba kale kukanganira the runningmate post. A Micheal Ussi has been told off aleardy. He claimed that he brought in anthu from wodya zake alibe mulandu grouping and hence he should be runningmate to SKC. he was called to sit down or go back to his drama clique. Newton Kambala owner of UT Party suggested that since he already registered his UTP, then he should be second in’charge.He was made to sit down. The only option is Akweni to partner Klausi. He problem is that she talks before thinking as observed by Calista Chapola one day. Kwasala ndi kugwana nsalu and zisoti zili zolembedwa SKC and everyone goes his/her own way. Akakhala Manganya np problem he has Tikuferanji program which brings bread on his table.
UTM is United Transformation Movement, no question about it. And most of us are used to that. The Registrar is wiser than the UTM troops.
Chipani , no i mean ka movement ka anthu okhumudwa mukhaula
Less immaterial to waste time with a useless name.There is a simple answer to this and is United Transformation Movement.Mind you DPP can put spanners in what looks to be a simple case.They are good at law and UTM calender of events shall be put in jeoorpardy.DPP has the money and can take UTM a long mile like USA in war of terror.Watch out the colonial master puppet in the UK,what he brings home is chocolate for his family members only.
Surely they are not that scared of UTM?
palibe nkani apa vice president alindi ufulu kuyambisa chipani ngati muntu wina aliyese so stop these propagandas
I think there is poor mind set in government institution , zilizose basi ndale kulembesa chipani muntu avutike, ngati vice president ndiwokuba mumangeni mesa amalawi anakupasani mpavu zopanga zimenezi , not just waisting our time kunvela ndikuona nkani zimenezi
The Registrar should not have gone beyond running the UTM name against the database for any similarity with an existing company or political party name. The argument that UTM had been using United Transformation Movement is neither here nor there. Once the party is registered as UTM, then the use of United Transformation Movement brand name, at public rallies or on a letterhead, should have been subjected to Copyright and Intellectual Property Laws for similarities with other companies/political parties. Registered company name and brand name are two totally different animals. A party can be registered as UTM but can opt to use United Transformation Movement as its brand name. Any challenge to the use of the brand name should be challenged under a different law all together. Are we sure we have a qualified (Corporate) Lawyer as Registrar?
educate them
a register your just waisting our time tizikala tikunvera nkani zazii ngati zimenezi osangokonza panalakwikapo kapena kuwaunikila choti achite zilizose zizidusa mu court just waisting time for others
Achimwene Peter, mumvetse izi: Some UTM materials (flags, vehicles, clothes, etc) have full name of the grouping. They should just use the full name. No sympathy with these drunkards. They smell alcohol wherever they go. The other day I nearly vomited because of the small.
How could a fully grown Deputy Registrar of Parties decline registration of UTM on such baseless reasoning? No wonder some of these guys are siding with thin plastic manufacturers, half cooked “lawyers”.
Time is running out……
Yes, you cannot push the court to deliver judgment. Muzimva kuwawa ndale.
Why doesn’t this political grouping of drunkards just use the full name? What are they afraid of?
They were warned that the name might be rejected on the basis that it is similar to an existing registered political party. They then opted to register the party under UTM (nothing wrong with that). In the event that they use the full United Transformation Movement as a brand at public events; the any similarly named company/political party would be within their right to sue under IP Laws. This should not have prevented the Registrar to decline the application for UTM as a registered name.
By saying “nothing wrong with that” you have already shown your bias. The Registrar of Political Parties has seen something wrong with that.
Cause they have the right to choose whatever they want to be branded as that simple!!
What are you afraid of?
The Registrar of parties will after losing this case say ‘Is it a bus company that used to operate in Malawi when I was in secondary school”? Registration not approved
Its a game of politics,not bao,every delay matters,supporters getting frustrated for a non registered entity.Is it a terrorist group? kkkkkkkk wake up babies and drunkards
kkkkkkk but it is, isn’t it?