By Lehlohonolo Lehana.
The African National Congress (ANC) will appeal the ruling handed down by the High Court in Durban regarding the use of the trademark and logo by the uMkhonto weSizwe (MK) Party.
On Monday, the Durban High Court dismissed the ANC’s trademark case against the MK party with costs.
The governing party had accused the MK party of violating the Trademarks Act by using a name and logo similar to that of the ANC’s disbanded military wing.
The ANC will be appealing the matter to stop and prohibit the unlawful use of the party’s trademarks, symbols, and heritage by Umkhonto we sizwe Party, secretary general Fikile Mbalula said.
The ANC held a media briefing following the ruling and announced its next step.
Mbalula said in the application considered by the High Court they relied on section 34(1)(a) and (c) of the Trade Marks Act, 194 of 1993 (“the Act”), to show that the Jacob Zuma-led Party is misrepresenting itself as being connected or associated with the ANC by using the ruling party’s well known logo and its well known name uMkhonto weSizwe.
“We are going to challenge this all the way to Constitutional Court. It’s not about winning or losing. It’s a matter of principle. Our historical demand and mandate is to do everything in our power to defend the ANC brand, its legacy, and all institutions associated with the brand.”
“Furthermore, we believe that the goodwill associated with the uMkhonto weSizwe is that of the ANC. It is this goodwill that Zuma Party is attempting to unduly appropriate unto itself.
“The ANC reiterates that it is committed to respecting the laws of the country for a free and fair election in line with the electoral code. As an organisation that values all the different facets of democracy we are not opposed to the MK Party’s presence on the ballot. However, in bringing this case the ANC is defending its intellectual property, the legacy of the liberation struggle for future generations,” Mbalula added.
The judgment is the third court victory by the Zuma-backed MK Party against the ANC as the country prepares for national elections next month.
The ANC has governed South Africa for 30 years since the end of the apartheid system of racial segregation in 1994, but is expected to face its sternest test in this year’s vote. Several polls predict that the ANC will lose its majority for the first time and be forced into a coalition to remain in government.