Cape Town — The High Court ruled that the judgement was reserved in the African National Congress’s (ANC) application against the uMkhonto weSizwe (MK) Party over the use of its name and logo.
The ANC approached the Durban High Court on Thursday morning in an attempt to get the previous court decisions set aside as the party felt the MK party chose the name to be linked to the former liberation movement, and to confuse voters ahead of the 2024 elections.
In a statement, the ANC approached the KwaZulu-Natal High Court in Durban, arguing that there are reasonable prospects that another court may reach a different conclusion.
In the ANC’s application, it relied on the Trademarks Act to show that the MK Party misrepresented itself by being connected to the ANC’s military wing. Acting ANC spokesperson, Zuko Godlimpi, said the ANC was determined to stop the MK Party from any further unlawful use of the ANC’s historic trademarks, symbols and heritage.
ANC CHALLENGES ZUMA PARTY’S THEFT OF ANC INTELLECTUAL PROPERTY AND HERITAGE IN THE HIGH COURT OF SOUTH AFRICA (KWAZULU NATAL DIVISION, DURBAN) pic.twitter.com/SPBZBEdg3J
— African National Congress (@MYANC) August 1, 2024
During the proceedings, the ANC’s legal representative, Gavin Marriott, said MK leader and former president, Jacob Zuma, took unfair advantage of the power and prestige of the uMkhonto weSizwe name, Newzroom Afrika reported.
“We all know the fact that a power of attraction had been built up over a period of time with a considerable investment of money and what yMkhonto weSizwe has done is adopt that mark as its own so that it does not have to build up its own legacy,” Marriott said.
He said that the ANC is “at least” a joint proprietor of the goodwill of the uMkhonto weSizwe name.
According to The Citizen, Judge Mahendra Cherry clarified that his ruling pertained to jursidication, and ruled that the Electoral Court was the appropriate venue for the case. He also noted that the ANC had effectively asked him to split the case.
Marriott said it was not an election-related case, emphasising that the ANC had maintained from the outset that its application was an “intellectual property matter”.
The lawyer acknowledged that the ANC had raised the trademark issue in the Electoral Court in a different case, but asserted that this did not prevent the party from approaching the high court. He further said Chetty had erred in his judgement and said he should have exercised his jurisdiction, even thought he (Chetty) thought it would be better placed elsewhere.
[WATCH] ANC legal representative Gavin Marriot says that former president Jacob Zuma took unfair advantage of the power, and reputation associated with the Umkhonto we Sizwe mark.#Newzroom405 pic.twitter.com/owj0MsfeST
— Newzroom Afrika (@Newzroom405) August 1, 2024
In response, the MK’s legal representative, Advocate Dali Mpofu, said the legislature saw it fit to intervene to stop “hopeless” appeals passing through to the appeals court, and labelled the ANC’s appeal as such, Newzroom Afrika reported.
He said that if the ANC does not have the standing in the matter, then it cannot be an enforcer of the trademark infringement.
“Let’s assume there is a trademark infringement, but if that trademark infringement is not available int he hands of the ANC, the that’s the end if it,” Mpofu said.
[WATCH] MK Party legal representative Advocate Dali Mpofu labels ANC leave to appeal against the ruling on Umkhonto weSizwe trademark “hopeless”.#Newzroom405 pic.twitter.com/XixySagMDZ
— Newzroom Afrika (@Newzroom405) August 1, 2024
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Compiled by Matthew Petersen
