Gadama family stops Paul from using name

The High Court of Malawi on Friday granted an injunction restraining Democratic Progressive Party (DPP) presidential aspirant Paul Gadama from using the surname.

Paul, a purported son to former Malawi Congress Party (MCP) Cabinet minister Aaron Gadama, is contesting for the position of vice-president (VP) for the Central Region at the DPP convention, which starts today at Comesa Hall in Blantyre.

He is expected to face incumbent VP Alfred Gangata.

An order of interlocutory injunction granted by High Court Judge Simeon Mdeza, supported by a sworn statement by Joseph Gadama, the sixth born child of the Gadamas and administrator of Aaron Gadama estate, states that Paul, who adopted the name in 2019, is not Aaron Gadama’s legitimate son.

According to the order, the family feels that their rights are being infringed upon by Paul’s name adoption when all along he was using the surname Nsikula.

Appalled by his use of the Gadama name and publicly declaring to be the murdered politician’s son, the family lodged a complaint at Kasungu Police Station in January 2021.

But Paul remained adamant.

Part of the sworn statement reads: “We, therefore, requested him to do a Deoxyribonucleic Acid [DNA] test to determine his paternity and that eventually he be recognised as a member of our family. However, the defendant [Paul] has refused, ignored and/or neglected to do the said DNA test.

“Despite the refusal, the defendant continues to hold out as a son to my late father and uses the Gadama name officially and is accordingly registered under the National Registration Bureau as Paul Gadama under ID [identity] number P465P3VS.”

Joseph further says his lawyers advised that for an individual to change their name, they are supposed to seek approval of a Cabinet minister responsible for change of names.

He said he checked with the Ministry of Justice and Constitutional Affairs on August 15 2024 where he established there was no such application by Paul.

Joseph, therefore, believes that Paul’s use of the name is suspicious and intended to mislead people; hence, the injunction until a determination by the court.

In granting the order, Mdeza warned that any use of the Gadama name by Paul would be in contempt of court. The order, therefore, restricts him from using the name at the DPP convention.

“If you, agents of the defendant, disobey this order

 you may be held in contempt of court and may be imprisoned, fined or have your assets seized.

“Any other person who knows of this order and does anything which helps or permits the defendant to breach the terms of this order may also be held to be in contempt,” reads Mdeza’s order.

According to the court order, the DPP will be in contempt if it proceeds to use the name Gadama at the convention.

In a WhatsApp text message yesterday, Joseph confirmed moving the courts to restrain Paul.

In an interview at Comesa Hall yesterday evening, Paul said he has not been served with the summons; hence, he will still use the name Gadama.

On his part, DPP spokesperson Shadric Namalomba said the party has not been included in the summons and that the matter is family-related.

The late Aaron Gadama was brutally murdered alongside his colleagues Dick Matenje, Twaibu Sangala and David Chiwanga, who are collectively remembered as the Mwanza Four.

On May 18 1983, their vehicle was found in a ditch at Thambani, Mwanza. The incident was followed by the once-party official narrative that it was an accident as they fled to Mozambique.

However, investigations later revealed they were murdered by the then MCP operatives as they were perceived to be former president Hastings Kamuzu Banda’s critics.

After the introduction of multiparty democracy, Banda was arrested in 1995 alongside his official hostess Cecilia Kadzamira, former MCP president John Tembo, MacDonald Kalemba, Augustino Leston Likaomba and MacWilliams Lunguzi.

They were charged with conspiracy to murder and conspiracy to defeat justice by destroying evidence.

But High Court Judge Mackson Mkandawire, assisted by a jury of seven, dismissed the charges against the accused for lack of evidence.

They were subsequently acquitted on all charges