UTM to know its registration fate as court set to rule on appeal

Newly formed United Transformation Movement (UTM) will know the status of its registration as a political party as the High Court is expected to deliver  its ruling this Friday ahead of the May 21 2019 Tripartite Elections.

Chilima and UTM to know their registration status

Presiding judge John Chirwa will deliver his ruling after  hearing submissions a fornight ago followed a six-ground appeal that Vice-President Saulos Chilima through his lawyer Michael Goba Chipeta filed to the High Court in Blantyre challenging the registrar of political parties’ decision to reject UTM’s application to register as a political party.

A senior assistant chief State advocate Loness Michongwe, representing the registrar of political parties, asked the court to dismiss the appeal.

She argued that the registrar of political parties’ decision was justified as UTM opted to register using its abbreviation of ‘UTM’ instead of the full name ‘United Transformation Movement’.

In her submission, Michongwe said the information provided was misleading to the registrar; hence, the office had to base its decision on information that was already in the public domain.

But Chipeta argued that there was no logic for the registrar to make a decision based on information not provided by the applicants.

He said, besides, the movement was not granted a chance to be heard as required by rules of natural justice.

Chipeta then also asked the court to ignore the assertions of the registrar and pleaded that the ruling be made within a reasonable time bearing in mind the May 21 2019 Tripartite Elections calendar where UTM led by Chilima is seeking to contest.

In a letter to UTM following its application, 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 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 in the appeal case filed as Civil Case Number 113 of 2018, Chilima argued that the registrar erred in law and fact in holding that the name UTM closely resembles that of another political party known as the UTP.

“The respondent erred in law and fact in deciding whether to register UTM or not by taking into account matters and evidence that was not presented before him by either UTM or any of its officials and hereby acted as prosecutor, witness and a judge in the same case,” reads the grounds of the appeal.

Chilima also argued that it was unfortunate that the registrar decided to interpret UTM as meaning United Transformation Movement when there was no such evidence before him and that the law does not require the registrar to look for the meaning of the name that he thinks of.

In 2003, three men Chikumbutso Mtumodzi, Thom Chiumia and Ken Ndanga unsuccessfully thwarted attempts by Brown Mpinganjira to register his National Democratic Alliance (NDA) when they registered a political party in the same name then later changed 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 the People’s Progressive Movement (PPM) and Maravi People’s Party (MPP).

 

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From the World

  Subscribe  
newest oldest most voted
Notify of
Dumisani
Guest
Dumisani

Guys can you hear your self if you have nothing to say may you go and sleep

POOR MAN FEEL IT
Guest

finder ukunena zoona osati bolaayi koma Chakwela basi apa Chauta atithandiza basi Chakwela emweyo ine ndinali momo koma aaaaaaaaaaaaa ndaitsika basi MCP boma 2019

pathfinder
Guest
pathfinder

Let’s wait and see. But if you look at Chilima’s argument on paragraph 3 from the bottom, it tells me that this young man is a crook. Why would he deny something that his t-shirts and posters have been preaching? I mean who have never seen UTM as United Transformation Movement? Mwana uyu adzatipweteka, bolanso Chakwera.

Europeans
Guest
Europeans

That’s why many people prefer this (Chilima) lesser crook in order to get rid of the bigger crook DPP. Open your eyes @pathfinder and see how Mutharika and his DPP has destroyed Malawi. If we dare to give DPP (Dausi, Ben Phiri, Muli, Chponda etc.) another 5 yrs, it will be disaster. Can’t you yourself hear the EU and other western countries complaining about corruption at its highest…Talk about MCP, MIA is not just investing his money in MCP for nothing? This Asian man will siphon all the money to India. His sole aim is to build a platform that… Read more »

More From Nyasatimes