Section 286: Rights and duties of leader of political party—Where the leader of a

286. Rights and duties of leader of political party—Where the leader of a political party sought an interlocutory injunction preventing another person from passing himself off as the leader of the party and from using the party name and emblem, the Judge in Chambers analysed the constitutional provisions governing the role of political parties and their leader. HELD (i) given the role ascribed to political parties in the political order established by the Constitution, the party leader has various rights and duties in the process of elections and beyond them; and consequently, those rights and duties are entitled to protection; (ii) the symbol allotted to the political party concerned by the Electoral Commissioner for the purposes of elections had been used by the party as an emblem; although the use of the party’s name and emblem is a right which primarily belongs to the party and that it is the party which is entitled to seek protection, nevertheless the right of the party and that of its leader in this regard coincide, with the result that the leader was also entitled to seek protection. Duval v François (1982).