The high court in Durban has rejected the ANC’s attempt to prevent the uMKhonto weSizwe (MK) Party from using its name and logo.
The ANC contended that the name uMkhonto weSizwe belonged to its heritage and intellectual property, but the MK Party argued that the ruling party lacked ownership rights over the name and logo.
The ANC had approached the court in March, claiming infringement of the Trade Marks Act over the use of the name and logo associated with the ANC’s former military wing, uMkhonto weSizwe.
Advocate Dali Mpofu levelled strong accusations against the ANC, alleging the party’s misuse of court processes in its clash with the newly formed MK party.
Infringement of democratic rights
Mpofu emphasised the historical significance of the uMkhonto weSizwe name and symbol, saying the ANC’s attempt to control its usage constitutes an infringement of democratic rights.
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 general elections on May 29.
Right to establish a political party
“The ANC accepts that all South Africans have rights to certain fundamental freedoms,” said the ruling party.
“Among them 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.
“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.”
