CIPRO initially refused to reserve the name, SECTION27, incorporating the AIDS Law Project, explaining as follows, ‘your proposed name connote government patronage. The wording employed to serve as a name, cannot be allowed and are calculated to cause damage, moreover misleading and damaging’. CIPRO also said that they refused on the basis of a comparison with existing names on its database, however, they bore no resemblance to the requested name.
The ALP engaged CIPRO telephonically and in writing requesting a reconsideration of the refusal with a full explanation of the motivation behind the requested name. In our motivating for the requested name, we included the fact that the new organisation will promote awareness of the rights in section 27 of the Constitution so that those who need its protection may seek it. CIPRO then confirmed the refusal on the basis of two new reasons, stating ‘kindly bear in mind that the Registrar cannot allow or approve names that construe itself as the provision of the Act of Parliament. In view of that, you cannot employ Sec 27 of the Constitution of the Land to serve as the name of an entity or any organization.’ He added further that ‘If you want to incorporate Section 27 of the Constitution of the South African Act, you need to obtain a written consent from the Parliament of South Africa’
Although we were only granted the right to register the name after regrettable initiation of legal action, we are heartened that CIPRO reversed its initial decision without the matter having to proceed to a court hearing. For more information and the documents please visit:
AIDS Law Project v Registrar of Companies and Others (CIPRO) at www.section27.org.za. Now that the name has been reserved the AIDS Law Project will move speedily to take the necessary steps to trade under its name.
