KZN High Court to hear ANC appeal over MK’s name and logo

MK

Cape Town — The High Court in Kwa-Zulu Natal (KZN) is set to hear the African National Congress (ANC) judgement against the uMkhonto weSizwe (MK) Party over the use of its name and logo.

The two parties have been in a legal battle since the MK Party registered in the name of the ANC’s former military wing, with issues between the two parties exacerbated after former president, Jacob Zuma, decided to campaign for the MK Party ahead of the general elections this year. This ultimately led to Zuma’s expulsion from the ANC.

Earlier this year, the ANC filed papers against the MK Party over the use of the name and logo and in April, the Durban High Court dismissed the ANC’s application.

According to EWN, the ANC will once again attempt to get the previous court decisions set aside as the party’s heads of argument said it was no coincidence that the MK Party chose that name, claiming it wanted to be linked to the former liberation movement, as well as confuse voters ahead of the 2o24 elections.

In response, the MK’s heads of argument said the appeal was moot and that it should have been heard by the Electoral Court, especially following the conclusion of the elections in May.

As reported by SABC News, the trademark matter will take centre stage, as well as several other grounds upon which the ANC based its appeal.

The ANC said that a party cannot challenge a decision made by the Electoral Court Commission, according to the Electoral Commission Act, something which the Commission has no jurisdiction or power over.

The party added that the use of the name and infringement of the trademark is not time-bound, and the suffering the ANC has received will continue for as long as the MK Party keeps using the name and logo.

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Compiled by Matthew Petersen

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