Opinion: Did UTM flout its own Constitution in its decision to leave Tonse Alliance?
This opinion examines the developments within the UTM party, particularly the actions of its Secretary General, Patricia Kaliati, and her associate, Felix Njawala, in relation to the party’s Constitution and its leadership.
The main issue at hand is the legality and validity of the actions taken by the UTM Secretary General and her associate, particularly regarding the party’s purported exit from the Tonse Alliance.
ANALYSIS
The UTM party’s constitution provides a clear delineation of powers and responsibilities among its key officers. Specifically:
1. The President of the UTM is the Chief Administrative Head of the party, with duties that include providing general direction and management of the party, as well as representing the party and making pronouncements on behalf of the National Executive Committee (NEC) (Article 16(b)(i) and (ii)).
2. The Secretary General’s role is limited to preparing minutes for NEC and Central Committee meetings, and dispatching notices or correspondence of these bodies (Article 17(ii) and (iii)). The constitution does not grant the Secretary General the power to make decisions on behalf of the party.
3. In the absence of the President, the Vice President is empowered to perform the duties of the President (Article 16(c)).
In the present case, the actions of the UTM Secretary General and her associate, Njawala, appear to be in stark contrast with the dictates of the party’s constitution. By purporting to announce the party’s exit from the Tonse Alliance, and subsequently issuing a public statement confirming the same, the Secretary General and Njawala have effectively usurped the powers and responsibilities of the party’s President, which are constitutionally reserved for the President or, in the President’s absence, the Vice President.
Furthermore, the Secretary General’s actions were taken without prior resolution or authorization from the party’s NEC, as required by the constitution.
CONCLUSION
Based on the analysis of the UTM party’s constitution, the actions taken by the Secretary General, Patricia Kaliati, and her associate, Felix Njawala, are beyond their constitutional authority and are therefore illegal and invalid.
The legitimate authority to make decisions on behalf of the party rests with the party’s Vice President, Michael Usi, who has clearly stated in Blantyre yesterday that the UTM remains part of the Tonse Alliance.
The developments within the UTM party have resulted in the emergence of two apparent factions, one led by the Secretary General and her associate, and the other led by the Vice President. It remains to be seen how the party’s members will align themselves going forward, but as it stands, the official stance of UTM is that pronounced by a constitutionally mandated official – the Vice President who is undertaking the duties of the President.
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