It was a show of force as both the governing ANC and its splinter grouping, uMkhonto weSizwe Party (MKP), faced off in a legal battle over the spear and shield emblazoned on the MKP logo.
The ANC took to the Durban High Court on Wednesday to argue copyright infringement, saying the use of the logo by the MK Party constitutes a breach of the Copyright Act.
It further told the court that the MK Party logo belongs to the now-defuct ANC apartheid-era military wing, uMkhonto weSizwe.
The ruling wants its splinter grouping, centred around the cult figure of former president Jacob Zuma, to refrain from using the logo.
We’re here to claim what belongs to us
Lawyers representing the ANC argued in court that the new political party’s insistence on using the logo would confuse voters during the general elections on May 29.
The MK Party, on the other hand, argued that the name and trademark belonged to the new party and contended that the ANC did not register them.
“We are here in court to claim what is ours. What Msholozi [Zuma’s clan name] is doing is completely wrong,” charged ANC secretary-general Fikile Mbalula outside court.
The court case follows hot on the heels of another legal tussle where the ANC lost in its bid to have the MK Party deregistered as a political party.
The move would have meant that the MK Party would have been barred from contesting the elections.
Electoral Court ruling
The Electoral Court on Tuesday ruled in favour of the MK Party, saying there was nothing untoward about its registration and that everything was above board.
Mbalula acknowledged that even if the party lost the court battle, it would not be the first time the ANC’s former members had defeated the ruling party.
He used the Congress of the People as an example, which was founded by those claiming to be supporters of the former president, Thabo Mbeki, who was beaten by Zuma in the fierce competition at the 2007 ANC Polokwane electoral conference.
“Even if we lose to Zuma, it won’t be a new thing. Ours is to mobilise the support of our people to ensure an overwhelming electoral victory,” Mbalula said.
He dispelled the notion that by launching the court challenge, the ANC was indirectly giving the MK Party undue political mileage.
On the other hand, the MK Party is confident of recording another court victory.
“The ANC is merely afraid of the presence and the electoral threat of the uMkhonto weSizwe Party,” said Jabulani Khumalo, the co-founder of the party.
“They know that they did not register the trademark.”
Zuma, ANC leaders embrace
Khumalo was behind the registration of the party with the Independent Electoral Commission.
While the supporters of both parties held parallel rallies outside the court precinct, inside the court, a different picture emerged.
Duduzile Sambudla-Zuma, the former president’s daughter, stood by his side as he greeted Mbalula and other senior ANC leaders, smiling and giving them a warm embrace.
Former finance minister Des van Rooyen, a staunch Zuma supporter who is now a member of the MK Party, was also spotted in court.
There were also other high-ranking ANC leaders in attendance, including the party’s secretary-general in KwaZulu-Natal, Bheki Mtolo, and chairperson Siboniso Duma.
Outside, throngs of supporters from both parties sang liberation songs in support of their parties.
