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Aford ‘rebels’ win round one
By
Gedion Munthali - 28-05-2003 |
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The High Court in Blantyre on Wednesday threw out Aford’s bid to prevent members of a splinter pressure group from calling themselves Genuine Aford (Gaford) or using slogans, emblems, logos or signs of the party.
Justice Jane Ansah said in her ruling that the name Gaford does not resemble that of Aford as to cause any confusion among members of the two political organisations, and that the pressure group has different symbols from those of the party.
“Actually the Registrar of political parties registered the Malawi Democratic Party (MDP) and Malawi National Democratic Party (MNDP), with the word “national” bringing the difference. After all the two parties participated in previous elections without any record of confusion,” observed Ansah.
“Names themselves do not hold property rights, and the law does not protect names, but property rights,” added Ansah.
Ansah also observed the pressure group was not named Gaford for malicious intentions like some three individuals, who early this year registered their party as National Democratic Alliance (NDA) when a pressure group with that name already existed.
“Unlike in the Ian Kanyuka (NDA spokesman) versus Thom Chiumia, Chikumbutso Mtumodzi and Ken Ndanga (three individuals who registered the NDA party) case, it is not proved in the present matter that members of Gaford formed it with malicious intentions
“After all they are honourable members of parliament who have a right to explain to their constituents why they were expelled from Aford through a different forum like Gaford,” said Ansah.
She said that there was “no serious question” to decide on for which an injunction could be granted to Aford.
She said Aford was free to appeal and the party’s lawyer Kalekeni Kaphale said since Judge Ansah had already given him green light to appeal he would not make a formal application to seek leave of the court to file an appeal application.
Lawyer for Gaford members Charles Mhango just said: “It is an interesting ruling”.
Making submissions some two weeks ago, Kaphale argued that the defendants, who he described as disgruntled, had chosen a name for their pressure group which “closely resembles the name of the registered political party as to cause confusion”.
“Actually by calling themselves Genuine Aford, the defendants clearly intend to overreach or steal a march against the plaintiffs,” said Kaphale, arguing the defendants have no right to use the name despite that their pressure group is not registered.
He pointed out that the balance of convenience was in favour of granting an injunction because “we are now almost 12 months before an election and political parties have already started serious campaigning for votes in that election”.
“With the likely confusion caused by the defendants’ name and the fact that some members of the defendants’ pressure group belonged to the plaintiffs’ party, the confusion is going to be compounded and there is likely to be loss of voters or problems in the plaintiffs membership drive prior to the elections,” said Kaphale.
But Mhango told the court that members of the pressure group are entitled to use the name Aford since they were part of it and were just chased away by some of the plaintiffs.
“They were members of the party, they contributed towards the growth of the party and its survival, surely they deserve to share spoils of their efforts,” said Mhango.
He dismissed Aford’s fears that the name of the pressure group will bring confusion, saying parties with similar names have coexisted in other countries without any problems at all.
“In Zimbabwe there is Zanu PF and Zanu Ndonga. In Kenya there is Ford Kenya and Ford Wasili. Right here at home there is MNDP and MDP, with the word “national” as the only distinguishing feature,” said Mhango.
Mhango said he took over the case from Bazuka Mhango who resigned from Aford about three weeks ago and joined MCP.
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