Cape Town — The African National Congress (ANC)) was granted leave to appeal the dismissal of its trademark infringement case against the uMkhonto weSizwe (MK) Party over the use of its name and logo.
The ANC and MK Party have been embroiled in a legal tussle over the use of the uMkhonto weSizwe name, which was long associated with the ANC’s former military wing, but has now been adopted by the ML party, led by former ANC president, Jacob Zuma
The two parties were in court last week and the judgement was reserved after the ANC argued that the court had erred when it came to the characterisation of the case and that it was framed as a case of the political party’s right to free and fair elections, instead of the trademark law.
According to EWN, the ANC lodged a leave to appeal application, which the court granted on the basis that another court may rule differently, and the matter has now been handed over to the Supreme Court of Appeal.
JUST IN
ANC has been granted leave to appeal a high court order dismissing its trademark infringement case against MK Party.
Judge Chetty found there are “reasonable prospects of success” pic.twitter.com/gN6ddN4vUk
— Aldrin Sampear (@AldrinSampear) August 8, 2024
Judge Mahendra Chetty said they had found “prospects of success” in the ANC’s application and, having heard arguments from both parties, was satisfied that another court would rule differently from his view about the jurisdiction and locus standi, as well as the merits of the trademark infringement, The Citizen reported.
“The matter will have implications for the parties concerned and their members at a national level. I am therefore of the view that leave to appeal should be granted to the Supreme Court of Appeal,” Chetty ruled.
Chetty also said the costs of the application for leave to appeal “shall be the costs in the appeal”.
According to SABC News, if the Supreme Court of Appeal rules in favour of the ANC in its bid, the MK Party will run the risk of losing its name and logo. The ANC has not indicated how it will proceed with this matter following the ruling.
ANC secretary-general, Fikile Mbalula, speaking at the ANC’s Lekgotla, said the MK has stolen from the ANC and the party cannot allow it. The ANC will pursue the matter to the top and will not stop until they get what they claim is rightfully theirs.
“We call it uMkhonto weSizwe. That is our heritage. We will fight for it and bring it home,” he said.
The ANC’s application for leave to appeal against the judgment of the High Court Durban in the matter of ANC vs MK Party regarding the illegal use of the MK logo satdown for hearing on Thursday, 1 August 2024 and the recent verdict being that leave for appeal to the SCA was… pic.twitter.com/xJ2RkVofRj
— ANC SECRETARY GENERAL | Fikile Mbalula (@MbalulaFikile) August 8, 2024
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Compiled by Matthew Petersen
