(At the High Court)
MBABANE – Exposed!
High Court Judge Maxine Langwenya yesterday heard an urgent application by Mbabane Swallows Football Club (Pty) Ltd seeking a permanent interdict to ban a rival faction from using the iconic name ‘Mbabane Swallows’ or any of its variations in local football operations, business and official communications.
However, the legal move faces immediate resistance as the third respondent, Welile Mabuza, through his lawyer Siyabonga Zwane from CJ Littler and Co, has entered an appearance to oppose the matter.
The multi-faceted legal challenge brought by the Pty Ltd entity targets the football club faction’s Acting President Absalom Ngwenya (first respondent), Stanley Sandile Zwane (second respondent) and Mabuza. Crucially, the Premier League of Eswatini (PLE) and the Eswatini Football Association (EFA) have been cited as the fourth and fifth respondents, respectively, as the applicant seeks to restrain the football bodies from recognising the opposing faction.
In his founding affidavit, the applicant’s Director, Wonder Mabandla Nhleko, the Mbabane Swallows legend who spent last season playing for relegated hub giants Manzini Wanderers, maintained that the Pty Ltd entity holds exclusive, protected legal rights to the team’s identity.
The crux of the legal argument rests on commercial trademark protections. The Pty Ltd faction states that the club’s name and logo were officially registered as a trademark on October 2, 2018, for a protected 10-year period under Section 31 of the Trademarks Act of 1981.
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