The Attorney General (AG) has appealed against the High Court ruling made on Friday by Judge John Chirwa which gave the registrar of political parties seven days to register UTM as a party effective September 21, 2018.
However, UTM has said that it is not shaken with the appeal made by the State through the Attorney General (AG) on the ruling which the High Court made in Blantyre on Friday last week.
In his ruling, High Court judge John Chirwa described the decision by the registrar of Political Parties to reject UTM’s application as “unreasonable and unjustifiable” and consequently ordered its registration within seven days.
He further said the registrar erred in not considering the documents UTM presented before him such as the manifesto and constitution and instead only used information from the public domain.
He thus, said the court did not find anything to stop a political party which was previously known by one name to proceed to apply for registration using a different name.
But the State has appealed on the grounds that the judge erred in law and fact by finding that UTM was not accorded an opportunity to be heard as if the UTM was being accused of wrong doing and that the judge 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 among other things.
Speaking to Nation Online, lawyer representing UTM Michael Goba Chipeta confirmed being served with the notice of appeal.
However, Chipeta said the party will continue with its plans to register the party because the notice of appeal on its own cannot change the ruling.
He said: “We have been served with the notice of appeal. We are going to respond to the appeal. But the notice of appeal on its own does not change the judgment of the High Court. So, the judgment is still in force and we expect the registrar [of political parties] to comply.
“We have also been served, in addition to the notice of appeal, an application by the Attorney General to stay execution of the judgment of the High Court.”
UTM spokesperson, Joseph Chidanti-Malunga, also concurred with Chipeta saying the movement is not moved by the application made by the State on the ruling.