Former president Jacob Zuma arrives at the Durban High Court for the court hearing on over the use of the Umkhonto we Sizwe (MK) logo and name. The ANC is objecting to the use of the name and logo by Zuma’s new political formation. Picture: Se-Anne Rall/IOL
Judgment has been reserved in the High Court in Durban in the trademark case between the African National Congress (ANC) and the uMkhonto weSizwe (MK) party, led by former president Jacob Zuma.
This was the second legal fight between the two parties.
But, on Wednesday, the ANC accused the MK party of using its name and logo to ride on the “coattails of the ANC” and influence voters.
Lawyers for the ANC argued that the MK party wanted to ride on the back of the ANC to Parliament because it cannot win votes on its own.
They added that the MK party was “riding on the coattails of the ANC all the way to Parliament” and that the MK party cannot stand on its own without the ANC.
Advocate Tshidiso Ramogale, for the ANC, argued in court on Wednesday that the MK party cannot be allowed to have “free reign” to the name and logo of the ANC’s military wing.
He said the Electoral Commission of South Africa (IEC) failed to do its job on the matter at hand.
“What the Electoral Commission has done is to compare the logo of the ANC as it appears on the ballot against the logo of MK. But what it doesn’t do is to compare the trademark of the ANC against the logo of MK.That is what this court is yet to do,” argued Ramogale.
MK party counsel advocate Muzi Sikhakhane SC said there was no dispute about the history of MK.
“Its true that the ANC has played a dominant role in giving political direction in the struggle in the 1960s, said Sikhakhane.
He mentioned that if you examine the history of MK, it is the army of the people and it sought to defend them.
One of the notable characteristics of MK is that it was not a regular army; it consisted of combatants whose purpose was to protect the people, rather than the ANC, from the apartheid regime.
It was an army that fought a people’s war. He said the ANC admits that this army was not formed by one organisation.
“There is no sign, there is no evidence there was exclusive ownership,” said Sikhakhane.
Sikhakhane argued that the battle was about electoral support by political parties.
This case was about voters and not trademark, as Sikhakhane noted that trademark was in the area of commercial law.
“Trademark law deals with trade in goods and services. Strictly. It’s in the area of commercial law.
“The battle we are having today is in the wrong battlefield. It neither belongs in the Electoral Court because that has been decided nor here, if you want. It’s a battle for political mind share which no court can determine. That is what it is. This is not a battle for a court. It’s a battle for a political mind share and it’s a legitimate battle, It happens to be in this court, because South Africans have a tendency as an extension of political games. But it shouldn’t be,” argued Sikhakhane.
Another counsel for MK party advocate Dali Mpofu SC denied the allegations against the party.
Mpofu said the ANC failed on several occasions to challenge the registration the trademark when MK party was registered by the IEC.
He mentioned that the ANC became aware of the registration of the MK party in June last year, and only initiated legal action in court in January, which was six months later.
He said it was clear the ANC only woke after former president Jacob Zuma announced he would support the MK party.
“It’s clear that the real trigger is the announcement by former president Zuma in December. They woke up and brought this matter,” said Mpofu.
He also argued the registered propriety for MK was the Legacy Projects.
Mpofu also dismissed the argument by ANC lawyers the logo of MK will confuse voters at the polls.
The ANC took the MK Party to court over the use of the Umkhonto we Sizwe (MK) logo and name.
"The MK logo and name is the heritage and intellectual property of the ANC, we will not allow counter-revolutionaries to hijack our movement for their personal gain," the ANC said in a statement.
Wednesday's ruling comes a day after the Johannesburg High Court dismissed the ANC's application to have MK scrapped from the Electoral Commission of South Africa's (IEC) list as a political party.
The court ruled that the ruling party only had itself to blame for failing to challenge the party's registration.
The IEC noted the court's ruling.
In a statement released on Tuesday, the commission said the judgement provides the necessary clarity and certainty to enable the finalisation of candidate nomination processes.
"Additionally, the ruling confirms that the decision to register this party was taken regularly and in terms of the law. Finally, the Commission reiterates its commitment and preparedness to deliver free and fair 2024 national and provincial elections," the IEC said.
Meanwhile, founder of uMkhonto weSizwe (MK) party, Jabulani Khumalo has described the decision of the Electoral Court as a victory for the party.
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