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| National |
| People free to use NDA symbols |
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by
Bright Sonani, 11 October 2004
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08:19:33
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A legal expert has said anyone is free to use the name, symbols and slogans of the de-registered National Democratic Alliance (NDA) since the memorandum of understanding (MOU) between the party and the ruling United Democratic Front (UDF) was not legally binding.
A clause in the NDA/UDF agreement stipulates that NDA shall immediately dissolve and cease to be a political party and shall forthwith take appropriate steps to de-register itself as such, and ensure protection of its name, symbols, slogans etc from abuse by any person, party or otherwise.
Law lecturer at the University of Malawi’s Chancellor College Edge Kanyongolo, however, in an interview said the protection of symbols, slogans and name is only bound by law not the MOU since the agreement was private.
Some NDA members, led by former national organising secretary Peter Chupa, are currently in court fighting for the re-registration of the party and Kanyongolo said: “The first thing is that the MOU only binds the parties to it. In terms of the protection, it depends on the law. Again a court judgement is superior to the MOU, the judgement prevails over the MOU.”
He said if the court rules in favour of re-registration then anyone would be free to use the name, symbols and slogans of the de-registered party.
“Because generally you cannot protect something that does not exit,” he added.
Viva Nyimba, who was the vice president for the de-registered party, said NDA was free to protect its name, symbols and slogans since they were its property. He, however, said since there were some people fighting re-registration of the party then they would go by whatever the court rules in the case.
“Nobody is above the law,” said Nyimba, himself a lawyer.
Chupa said if his group wins the case, they would take back everything that belongs to the party.
“That MOU is not legally binding. It was between two parties and we would have to wait for the court case to see if we would be given the go-ahead to re-register,” he said.
Before registering as a party, NDA found itself in a wrangle with another party over the use of its name after the New Dawn for Africa also registered NDA as its abbreviation.
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