Name and shame

2008-11-20 08:45

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ANC serves papers on Cope

Georgina Guedes

A few years ago, a friend of mine was trying to think of a name for a property development company. Given that the properties were going to be cozy residential spaces, I suggested "Envelopment".

The friend dutifully trotted off to the company registrar to apply for this lovely and original name (even if I do say so myself). The application was rejected because Envelopment was too similar, according to the registrar, to Development - a name that appears in a vast number of companies' names.

We were outraged. First of all, envelopment was close to development intentionally - it was a play on words - but not so close that someone looking for, for instance, the International Development Corporation, would be confused.

Secondly, the registrar's determination to protect the word "development" is a little misplaced, considering that it's a single word, and a noun - it's kind of like saying we couldn't call a shop a shop because too many other companies have the word shop in them.

For a few weeks, this was the subject of much dinner table conversation, despairing of the mindless bureaucracy that governed this process, but the situation was soon forgotten. It's been brought back to me recently by a new and far higher-profile drama.

What's in a name?

The ANC representatives who are complaining about Cope's right to use the name Congress of the People should shut up and back down. I understand that Congress of the People was a term used to describe the historic event in 1954 at which the Freedom Charter was adopted, but I don't think that there would be any confusion among South Africans as to which party was which.

The ANC would also do well to remember that Cope is a breakaway faction of ANC members, and since the Congress of the People is not a registered trademark (yet), they have as much right to the history of the party as those who are still in power.

It's a little ironic that an event at which the Freedom Charter was adopted is now the source of such a furore about a derivative party's freedom to use the name of a historic event that is clearly part of their history too.

The right to use words

The fact remains that "congress" and "people" are both words that are in common usage in the political arena. Getting het up about their use would be like The ANC having a go at the New National Party for their use of "National", and the PAC for their use of "African" and "Congress". And while they're at it, they should have a go at the Democratic Party for their use of the word "Party" and "Democratic" since both are cornerstones of the ANC's philosophy.

Or at least, democracy used to be. There is an increasing intolerance towards the basic tenets of democracy within the ranks of the ANC. The intimidation of another political party at its launch is not the action of a party that upholds this political philosophy.

The fact that the ANC is so afraid of this new party that its supporters are preventing people from attending Cope rallies around the country and that its leaders are rabble rousing about the use of the name shows that they perceive Cope to be a real threat.

Instead of welcoming the prospect of a realistic opposition - one that would hopefully make democracy make more sense in this country, and keep both parties honest - they are doing everything in their power to bog the fledgling party down in bureaucracy, rather than allowing it to focus on its message and assume its place on the political landscape.

In actual fact, what they are doing is preventing democracy from working, and making themselves look bad to any individual or party that upholds it.

The ANC has a proud tradition of fighting for and upholding political freedom in this country. If they truly want to pummel the new party at election time, they should focus on getting their own house in order and on making their own policies sound and democratic.

Georgina Guedes is a freelance journalist. She doesn't know who she'll be supporting in the next elections - the party that behaves itself has the best chance of winning her vote.

Send your comments to Georgina.

Disclaimer: News24 encourages freedom of speech and the expression of diverse views. The views of columnists published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors reserve the right to edit or delete any and all comments received.

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The people who have voted ANC for the last 14 years KNOW what the ANC is...they wouldnt think that the ANC all of a sudden is now COPE and get all confused! The only confusion is amongst the ANC itself...they don't know what to do about this new party now that it is a threat - even though ANC will never admit it is! COPE = MDC...ANC = ZANU-PF

This is the way we will ALL lose our freedom in this country. It is very apparent that the ANC is moving very quickly towards communist ideologies as can clearly be seen in the changes they want to make to the government structures as well as there financial policy changes going further and further to the left. This will approach full blown communism and a typical one-man one vote scenario which will be enforced by force. STOP the ANC with your vote !!!!

Georgina is quite right. The ANC has lost its spirit and values under its present leadership. The once inclusive organisation with honourable values, have turned into a band of brothers driven by greed,power hunger and violence, that reminds me of Robert Mugabe in the period leading to the present Zimbabwean crisis. I am worried that the ANC is going to conduct a schizophrenic election campaign by professing democratic values, but inciting violence and intimidation behind the scenes.

Lady I suggest you stick to issues you fully understand rather than just talk nonsense because you have the platform. Congress of the People is exactly what ANC has always been called in African languages, "ukhongolose wabantu" in Zulu for example. This how the rural areas have always refered to the ANC. These guys should just leave the ANC in peace without stealing its brand identity. Your igrorance in this matter is shocking.

my dear, the ANC is the congress of the people and no one else has a right to this name other than the ANC, the fact that this group broke awya from the ANC is irrelevant as they cannot use ANC structures to advance their course when they have ceased to be the members of the "mass movement" another name for the ANC, and no court will tell us otherwise as we are prepared to defend the traditions of the ANC, and Freedom charter is the lifeblood of the ANC and we are willing to die for it, Viva ANC

The ANC is showing its true colours more and more to the educated people of the world and JZ is proving to us that he is an uneducated clown. One thing he got spot on, is the fact that the ANC is like a snake.The circus is in town and TOP CLOWN JZ is performing at his best, what a joke.

ANC knows very well that COPE is going to make a big dent when it comes to elections. ANC is just confused, they are in a panic mode because they never thought COPE would take off the ground thats why they just want to throw spanners. Instead of reorganising their party they are busy doing witch hunting. ANC is definitely set to lose, more than 70% of new registered voters are youths and I dont think any level headed youth would want to be associated with the likes of JZ and Malema.

they just summed this country up. Thokozani - you should be more tolerant of Georgina's ignorance - we always have to be tolerant of yours. and Bonjo - live in peace with your propoganda but don't come begging for handouts when the country goes further down the toilet - en 'masse'

The problem with us today is the complet lack of knowledge and sensitivity when it comes to OUR history.The Congress was a HISTORIC EVENT led by ANC to bring 2getha people frm all over SA under extreme conditions and they adopted the Freedom Charter.How wud u feel if sum afrikaners called themselves 'The Great Trek" or sum Zulus "The Battle of Isanddhlwama".It is this historic significance and disrespect of our heroes,living and dead who were imprisoned following some of resolutions at this event

Great column Georgina, very sound academic argument that makes a lot of sense, and truth be told, you'll see that anyone with half a brain is in agreement with you on this. Too bad about the brainwashed and butthurt ANC supporters on this forum. 8 comments as of me typing this and already we have two of these eiensteins screamind blue murder and spurting their Bravo-Sierra propaganda. Good times...

ANC have never trademarked "Congress of the People" - and to me they are known as the African National Congress and not Congress of the People! I have never heard them referred in the news as COP or anywhere else for that matter! PAC could also say that they are the Congress of the People...but they aren't named that! Leave COPE alone...ANC must stop trying to block true democracy! Otherwise we might as well just incorporate Zimbabwe into South Africa!

Shikota are a new generation of opportunistic leaders who though not participating in the COngress of the People,the historic event,now after proclaiming commitment to the Charter,feels themselves entitled to chirsten their grouping with this event.Is there someting wrong wit this picture? ANC must fight for that which belongs to ANC,cos how does ANC members value that which belongs, in a deep sense, to ANC? Aluta Continua! Till the very END!

I think the ANC's gripe has to do with the fact that the Congress of the People is a historical event that no one pary should be able to claim ownership of. The ANC don't use the words "Congress of the People" in any of their advertsing. Nor do any of the civil/political groups that attended. Its like some party naming themselves the "Freedom Charter Party" or " Sharpeville Uprising Party". You can't mis-appropriate history like that.

The court will decide and I would like to see the ANC and everybody else respect the judgement but the feeling I get from your comment is that you would rather die than accept such judement if it is not to your liking.You need to grow up because you still very immature..violence does not solve problems..the other thing is that you would vote Zuma into the presidency even though he said on a few occasions that he would "TAKE MANY OTHERS DOWN WITH HIM" if prosecuted for Arms Deal saga..pathetic !

I guess we need to change the FREEDOM Front Plus' name as well. And while we are at it let's call CHARTERed accountants something else as well. Actually let's not call them anything, because I am sure in some way ANY NAME will resemble some part of the ANC's struggle history. Let us not forget they are the owners of all the words in the Oxford English Dictionary as well as copyright holders. I am sure the word "kill" cannot be used without paying the ANC some compensation!

A lot apparently. This whole break-away and the constant jibing and name-calling smacks of the playground bully doing all he can to intimidate. But, let us never forget that bully's always get their come-uppance. The ANC is trying every avenue to close down their newest and most dangouerous and divisive opposition in 14 years. Clearly the ANC just can't cope anymore!

Ms Guedes, your comment 'The ANC has a proud tradition of fighting for and upholding political freedom in this country' refers. Please wake up and smell the roses, to them political freedom only applies if they are in power and they can steal and lie day in and day out. You are witnessing at present their intolerance to other parties and yet you write such a crock of crap.

You cannot call it a 'HISTORIC EVENT' because I called puberty that. And since you have no rights to that event in my personal history you cannot name anything else a 'HISTORIC EVENT' by the same logic you use to argue COPE cannot use the words 'Congress of the People'. Do you see how silly the ANC is now?

Funny how a party that went against constitution can complain about the freedom charter. A party that electioneers by using racism as an election tool. Polarizing black and white folks, and using "Revolution" and apartheid emotions to win black votes. The ONLY party that has been insulting other parties, and name calling. And how the most immoral 'leader' SA has ever had, can use Biblical metaphores is above me. Death to the ANC. They will rule until the anti-christ comes back.

Funny how the ANC uses that logic for their argument against COPE when it was this same ANC that used the National Party structures to 'advance their course when they have ceased to be members' of the National Party after the walkovers. ANC supporters seem to change the rules as they see fit depending how far down the hole their party is falling...

Typical ANC loyalists. Intolerant, rude and bombastic. Instead of simply arguing the article's content you attack the author and lose respect in the process. The ANC are proving over and over again that they have become dangerous and greedy.

Rubbish, the ANC is going AGAINST the freedom charter. Its going AGAINST the constitution. The ANC long time ago gave up deserving the call of "Congress of the People", because, they are now, a congress of criminals and communists. This is just a WEAK attempt by the ANC to fight the opposition using underhanded tactics. You support satans party = ANC

You have the right attitude to be an ANC supporter. It is obvious the law means nothing to you and you have absolutely no respect for our justice system! The ANC and it's members should go back to what they are good at - being barbarians. They are already half-way there considering the likes of Zuma and Malema. If he knew what was coming, I am sure Jan Van Riebeek would have kept sailing and not stopped for tea and biscuits at the Cape of Good Hope after all...

The ANC does not own the rights to "The Congress of the People" 50 years ago.If anything they have betrayed the ideals and principles that those people came together to declare and uphold all those decades ago,and if you support the ANC of today then you too are betraying those ideals.

You are quite right when you speak of 'your' history. It's just a point of view. The same point of view the ANC is today struggling to justify and keep alive - that of yesteryears struggles. How sentimental. How outdated. How ideologically idealised. Pfft. Get over it. Things change, and the sooner the guys at the top realise they are public servants of taxpayers the better. So go publish 'your' history where it don't shine. I got my history, and it says it brought light to this dark continent.

My dear,just read what you just wrote,I beg you.How old are again?What the flip are you sayin?I think the ANC will soon call this,what's happening now,"The Battle of Isanddhlwama".ha ha,and no one will care to sue.People just don't have time for crap.Only the ANC does.

Firstly,ANC has no copyrights to the word "Congress" or "People", and I'm saying this in my capacity as an expert in the Law of Intellectual Property.This is also based on the fact that the ANC was a participant in the convening of a gathering by that name in 1955, not the sole convenor of that gathering. So, the ANC doesn't own the history of liberation in this country. It belongs to every South African whose interests lie in the entrenchment of democracy in the face of potential dictatoship.

Many years ago when the Afrikaaners wanted to start their own Bank, they wanted to use the name Nasionale in the title. (Volkskas) Barclays Bank objected on the grounds that originally the National Bank of Africa had been absorbed into their stable. The Courts upheld Barclays claim but said that henceforth, to retain the right to use National/Nationale, they had to incorporate it into any future name which they did. Will the A.N.C. use Congress??

ZK Mathews, ANC president in 1953 made a call for the formation of the Congress Of The People. The South African Indian Congress, Congress of Democrats, ANC and SA Coloured Peoples Organisation heeded the call. A national action council was formed to organise the congress of the people which later adopted the Freedom Charter. The Congress of the people and the freedom charter is part of these organisations history not Shikota. One might try to argue against this because of the hatred for ANC

The ANC must be truly afraid of COPE to argue about such petty things instead of standing up and doing what's right. It reminds me of the petty arguments JZ brings up in court because he's too afraid to be accountable for his actions. Is this a pattern I see emerging? Can we now cry for the beloved country, please?

Um, the ANC have done well to make their supporters believe that the ANC were the only party that freed South Africa, they have excluded the whites, coloureds and Indian anti-apartheid parties from the "freedom from oppression" ramblings.

What's funny here (or pathetic i guess) is that ''congress'' is often used by multiple parties within the same country - take India or even Lesotho for example. Even South Africa has the Pan Africanist Congress - but I dont hear the ANC complaining about that one?? I expect the ANC would have objected if the words Struggle, Liberation, Movement, Comrades were used as well.

The ANC has every right to go to court and challenge the name, if the court says COPE can use the name then they can go ahead and the ANC will respect the rule of law. this is politics they have the right to stall this new party any way they can as long as it`s within the law and no force or intimidation will be used. Its just the way politics work. Every party will fight for what they beleive to be rightfully theirs.

Are u advancing that the great trek then becomes a possibility of some intransient pol party cos this is not a "registered trademark" The line of argument is fallacious simply becos if we accept that history is a grouping of continuous but nation-building events...it belongs to no-one? I'm trying to follow u chief,cos apart frm the underlying rascist responses,I still see no compelling counter-argument...!

It is really interesting that many of you claim to be intellectuals but yet you cant even understand what the ANC is challenging here. You say the ANC does not have rights to words like "Congress" and "People". The ANC never said they have exclusive rights to those Words but the Congress of the People is the ANC thats why ANC will never oppose the name PAC. See how DOM are intellectuals!

It`s funny how these political debates always have racial divides, most white south africans just hate the ANC so much that they will support anything that is antiANC, no matter who the other party was made up of, white S. Africans and of course some ignorant blacks who because of the fancy education that they have feel that they are now part of the elite and they strive for white axceptance. It is truly sad that we can`t think more maturely and together make this country work.

I couldn't care less if a political party wanted to call itself The Great Trek. If you think the ANC cares about 'our' history you're smoking something pretty strong. The spirit of the Congress of the People was that it was about the people, therefore the name should, if anything, belong to the people. The ANC is claiming they own it, spitting on the spirit of the very thing they're claiming they want to protect. The ANC is merely dressing up political expediency to look nice.

Please research your subjects before writing nonsense 20/11/2008 09:35 Tjokozana The ANC is refered to as "ukhongolose" not "ukhongolose wabantu"as you had suggested. Maybe you need to check your facts mate...

Georgina should first get her facts right. The Freedom Charter was adopted in 1955 and not 1954 as she alleges. What kind of a journalist is this who would just go public without ascertaining her facts. Only someone who writes something she knows very little about. And news24 is quick to publish this gabbage

The ANC has never been an inclusive party. Don't forget that white people were not allowed to join the ANC until 1990. No doubt they changed the rules to benefit themselves during the negotiations. Prior to this, only white foreign communists were allowed into the organisation. Therefore their behaviour does not surprise - fairly typical of the fascist regimes from which they draw their inspiration.

is even closer to African National Congress, but the ANC leadership of the time showed maturity and respect acknowledging the democratic right of the PAC to name itself. Fast forward to the ANC of 2008, they bestow upon themselves the monopoly of power over the choices that we can make, even in naming ourselves and our organizations. Vote with your mind and your feet.

Spoken like a true undemocratic and intolerant ANC loyalist. Azania, it doesn't matter how many times the ANC have used the words Congress of the People, the LAW says they have no intellectual right as they did not register that name, therefore COPe can use it if they like, finish and klaar! Is the ANC known as the ANC or Congress of the People? Are you telling me the ANC are confused?

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