The ANC plans to appeal the Durban High Court’s decision to dismiss its trademark case against the uMkhonto weSizwe (MK) Party.
This is according to Fikile Mbalula, the ANC’s secretary-general, during a media briefing at Luthuli House, the party’s headquarters in Johannesburg.
“The ANC intends to appeal the judgment,” Mbalula said.
“The ANC will be appealing the matter to stop and prohibit the unlawful use of the ANC’s trademarks, symbols, and heritage by Mr Zuma’s party, which is currently referring to itself as the Umkhonto weSizwe Party.”
Mbalula cautioned the court against interfering in political matters, stating that it neglected to address the trademark issues outlined in the ANC’s application adequately.
Infringement of Trade Marks Act
He criticised the court for referencing political issues in its judgment, and labelled the MK Party an initiative designed to disrupt the ruling party.
“It [MK Party] is led by interim leaders everywhere, and people are dismissed every weekend. He [Zuma] changes and becomes a leader as and when it suits him.
“That is not a political party; it is a project. It is a project meant to disrupt the ANC, not for any other purpose but Mr Zuma’s interests,” Mbalula said.
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 its former military wing, uMkhonto weSizwe.
It contended that the name uMkhonto weSizwe belonged to its heritage and intellectual property, however, the MK Party argued that the ruling party lacked ownership rights over the name and logo.
On Monday, the high court in Durban dealt the ANC a blow, dismissing the ruling party’s case with costs.
Application for injunctive relief dismissed
The court dismissed the ANC’s application for injunctive relief against the MK Party, ruling that the ANC failed to establish a clear right for final relief over the use of its registered mark.
The court found the application lacked urgency, was brought in the wrong forum, and ultimately deemed the ANC’s case unsuccessful.
“In the result, on the merits, I am not satisfied that the ANC has made out a case for the injunctive or consequential relief sought,” reads the judgment.
“It failed to establish a clear right for final relief, either to the name or to the use of its registered mark.
“As set out earlier, the ANC had an alternate remedy of approaching the Electoral Court to undo the registration of the MKP on the grounds it advanced in this court. It could have achieved substantial redress in that court.
“For reasons other than contending that only a high court could grant it relief under the Trade Marks Act, the reasons for abandoning its remedy through the Electoral Court are not known.
“In light of the conclusions I have reached on the issues of lack of urgency, absence of jurisdiction, and non-suiting the ANC in this court, as well as a finding on the merits of the matter, the application falls to be dismissed.”
Punitive cost order
Additionally, the court rejected the application of certain legal principles, including those regarding constitutional issues, and declined to impose punitive costs on the ANC, instead awarding costs on a party-by-party scale.
“Counsel for the MKP submitted that the ANC be sanctioned with a punitive costs order for launching a misconceived, urgent application. The MKP has been substantially successful in this court.
“The MKP was obliged to respond at short notice to a multi-faceted application, which, as I have found, lacked urgency and was brought into the wrong forum.
“Ultimately, the ANC was seeking to protect its own political rights, despite its reliance on intellectual property rights.
“The MKP was exercising its rights granted to it by the EC [Electoral Court], a statutory body. The exercise of those rights remains lawful.
“While the application might be misguided, I do not find that it was frivolous or reckless.
“In the exercise of my discretion, I find that this is not a case justifying a punitive costs order. I am satisfied that costs on a party-and-party scale suffice.”
