Court says Uladi free to register his party
by: Zainah Liwanda , 5/17/2007, 2:18:36 AM

There was jubilation at the High Court in Lilongwe on Wednesday following Judge Elton Singinis ruling that former Agriculture Minister Uladi Mussas Malavi Peoples Party (MPP) is not using a protected name.
The court also ruled that Mussa does not need the Office of the President and Cabinet (OPC) consent to register the party.
In my judgment, therefore, I find that the word Malavi is not a protected name within the meaning of the Protected Flags, Emblems and Names Act and its use by the plaintiff as part of the name of his political party, the Malavi Peoples Party, does not require the permission of the minister responsible for administration of the Act. The plaintiffs action, therefore, succeeds, said Singini in the ruling.
The judge said chief state advocate David Nyamirandu insisted in his submission that the name Malavi is protected, hence requires consent before use.
Singini said Nyamirandu gave 16 variations of spellings of Malawi worldwide, arguing the Portuguese spell Malawi as Malavi and that all the variations should enjoy the protection under the Act against improper usage.
Singini also said the Protected Flags, Emblems and Names Act was enacted in 1967 as an Act to safeguard the dignity of the Head of State, the National Flag, the Armorial Ensigns and the Public Seal and to prevent the improper use of the National Flag, the Armorial Ensigns, the Public Seal and of certain emblems, colours, names, words and likenesses for professional, commercial and other purposes and for matters incidental hereto and connected therewith.
The judge said after serious consideration of Nyamirandus submissions, he would not extend the interpretation of the expression of protected name in the Protected Flag, Emblems and Names Act beyond the list of words and expressions specified in the definition by the Act.
He said the definition does not include the national name of the country as one of the protected names.
The judge also said the national name of the country as recognised and which courts would take judicial notice of is Malawi and not Malavi.
Singini said the Political Parties Registration and Regulation Act requires one to specify the name of the party he or she intends to register. He said the right to freely form a party must extend to a right to freely choose a name.
After Singinis ruling, MPP supporters jubilated outside the court. A visibly excited Mussa could not hide his joy:
I am very, very happy about the ruling. It has showed that indeed Malawian courts are independent. Everybody is free to form his or her party, thats why Bingu [wa Mutharika] left the [United Democratic Front] UDF and formed the [Democratic Progressive Party] DPP, said Mussa.
He said the party will be registered next week so that it fully embarks on its programmes.
The State was represented during the ruling by Bob Chinkango, Gabriel Chembezi and Chrispin Khunga from the Attorney-Generals chambers. They could not say whether the State will appeal or not, saying the Attorney-General will have to go through the ruling to make a decision.