UMPC must register under different name

The Union of Moderate Party for Change (UMPC) has been notified to register under a different name after the Supreme Court handed down a judgment on a judicial review case this month.

Judicial Review Case No. 10 of 2012 involves a claim by the Union of Moderate Parties (UMP) Committee (Inc) as Claimant, and Minister of Finance as first Defendant, and The Union of Moderate Parties for Change (UMPC) Committee Association (Inc) as second defendants.

The court heard that an application by the UMPC to register as a charitable association under the Charitable Association (Incorporation) Act (CAP 140) was refused by the Registrar for the reason that the name (UMPC) is considered resembled too closely the name of an already incorporated committee, UMP.

According to the court, UMPC then made an appeal to the Minister of Finance over the refusal of its registration by the registrar after being informed by the registrar that it has the right to do so.

“The Minister considered the appeal on the papers provided to him by the UMPC and on 16 April 2012 the Minister gave notice that the appeal was allowed. He directed the Registrar to incorporate UMPC in the name “UMP for Change”.”

UMP launched the claim to challenge the legality of the minister’s decision.

“I have listened carefully to the argument from both Mr Ngwele (for first defendant) and Mr Laumae (for second defendant) but neither of them have come close to convincing me that the Minister proceeded with the appropriate and required degree of fairness to all those who could have been affected by his decision,” stated Justice Spear in his decision.

“Nor that the minister had regard to all the material that he should have considered,” he added.

After interpreting the Charitable Association (Incorporation) Act the court stated that “The decision of the Minister (of Finance) of 16 April 2012 to allow the appeal and to direct the Registrar to issue a certificate of incorporation to the third respondent in the name UMP for Change is accordingly quashed”.

“This leaves UMPC’s application still before the Registrar and on the understood basis that the Registrar will register that association as a charitable association and issue a certificate of incorporation once it nominates a name for the association that the Registrar finds acceptable.”

Meanwhile, the Court has clearly pointed out that the decision does not in any way determine any ownership issue in respect of the name UMP or variations thereof.

Daily Post understands the case concerning the matter of ownership issue of the name UMP is expected to go to trial later this month.