Advocate Dali Mpofu has levelled strong accusations against the ANC, alleging the party’s misuse of court processes in its clash with the newly formed uMkhonto weSizwe (MK) party.
The ANC brought the MK party to the Durban High Court, claiming infringement of the Trade Mark Act over the use of the name and logo associated with the ANC’s former military wing, uMkhonto weSizwe.
Abuse of court processes
Representing the MK party, Mpofu denounced the ANC’s legal action as an “abuse of the court process”. He urged for punitive measures against such conduct. Mpofu highlighted ANC secretary-general Fikile Mabalula’s affidavit. In it, Mbalula argued for the prevention of “voter confusion” as the crux of the ANC’s case.
Mpofu emphasised the historical significance of the uMkhonto weSizwe name and symbol. He said the ANC’s attempt to control its usage constitutes an infringement of democratic rights.
ANC wants its (MK military wing) logos and symbols respected
The ANC’s stance rests on the assertion that the MK party, spearheaded by former President Jacob Zuma, violates trademark laws. It said he does this by appropriating the uMkhonto weSizwe logo and symbols. The party cited the registration of the uMkhonto weSizwe trademark by the MK Legacy Project, which was subsequently transferred to the ANC.
In response, the ANC petitioned the High Court to restrain the MK party from associating itself with the ANC through the use of the uMkhonto weSizwe name and logo. The ANC underscored the importance of clarifying any potential voter confusion before the upcoming general elections.
“The ANC accepts that all South Africans have rights to certain fundamental freedoms. Among which is the right to join or establish a political party of one’s choice. This is a fundamental freedom for which we fought.
“The ANC is not opposed to the Zuma party’s presence on the ballot. However, in our opinion, fair elections can only be achieved if the Zuma party is ordered to cease and desist from using our trademark and other symbols belonging to the ANC.
Unauthorised use of ANC heritage
“It is a matter of clear public interest that any voter confusion, caused by the unauthorised use of the ANC’s intellectual property and heritage, is clarified before the elections take place,” the ANC said.
This legal battle follows a recent setback for the ANC. The Electoral Court ruled in favor of the MK party, rejecting the ANC’s attempt to deregister it. It also tried to remove it from the ballot ahead of the May elections. The party accepted defeat.
Plans to appeal earlier court ruling
However, it resolved to protect its heritage and intellectual property. The ANC promised to appeal should the court rule in favor of the MK party in the trademark battle.
“The ANC is resolute in its view that it is to the benefit of all parties and the country as a whole that the matter be clarified. This especially before the general elections due to be held on 29th May 2024.”
