Kasambara faults AG on UTM appeal


Lawyer Ralph Kasambara has faulted Attorney General (AG) Charles Mhango over the appeal against UTM registration.

Kasambara suggested that the errors Mhango made in the notice of appeal shows the AG was making the application under pressure.

Ralph Kasambara
Kasambara: AG was under pressure

Mhango who is also ruling Democratic Progressive Party Director of Legal Affairs filed the application on Tuesday asking the Supreme Court of Appeal to overturn a High Court ruling made on 2nd November this year that ordered the Registrar of Political Parties to register UTM by Friday this week.

However, former Attorney General Kasambara has observed that in his notice, Mhango appealed against a UTM case of 2017 which is non-existent.
He also observed that the notice of appeal says the appeal is in the High Court.

“If you are appealing against High Court judgment then the appeal is in the Supreme Court of Appeal and not High Court,” says Kasambara.

He further argues that only a party to the initial case can appeal and not his lawyer let alone a third-party. Kasambara says the Attorney General is only a lawyer and not a party appealing.

“Fourth, under new rules there is no such thing as summons but application. It’s possible for the court to throw out this irregular document as it is not an application. It is also open to court to adjourn the hearing of this matter till corrections are made. And of course such adjournment will be with costs to Dr (Saulos) Chilima lawyers,” observes Kasambara.