The Durban High Court has dismissed the ANC’s claims that the Umkhonto Wesizwe (MK) party is using its registered name and trademarked logo illegally, The Times Post can confirm.
The ANC sought to prevent the MK party from using the name and logo associated with the ANC’s armed wing, Umkhonto Wesizwe, ahead of this year’s elections. The judgment, delivered on Monday, dismissed the ANC’s claims and ordered them to pay the costs.
Jabulani Khumalo, co-founder of the MK party, expressed his satisfaction with the court’s decision outside the courtroom.
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He stated, “People who support the MK party and Zuma, today we have conquered.” Khumalo also mentioned that the opposition to the case did not bother him, as the party’s focus is currently on campaigning and promoting Zuma.
The ANC had argued that the MK party’s use of the logo and name constituted an infringement of the Umkhonto Wesizwe trademark, which belongs to them. The ANC contended that trademarks should apply to political parties, not just businesses.
ANC advocate Tshidiso Ramogale stated that the party brought the matter before the court to address opposition parties using names and logos associated with the ANC without considering trademark issues.
In response, the MK party’s lawyers, Dali Mpofu and Muzi Sikhakhane, argued that the ANC does not own the Umkhonto Wesizwe name and logo.
Mpofu criticized the ANC’s timing, stating, “They wait for six months and do nothing, and then they expect Umkhonto Wesizwe to rush a month before the election when they’ve already campaigned due to their laxity.”
He also suggested alternative names for the party, such as “Umkhonto” or “Umkhonto ka Zuma,” emphasizing that the party’s name would not make a practical difference.
The #MK Party says it has won today's trademark judgment in the Durban High Court. It was up against the ANC over the use of the logo which bears a shield and a spear. The judgment was delivered a short while ago. #sabcnews pic.twitter.com/Uvt1lUzyGm
— Vusi Khumalo (@djvuslo) April 22, 2024
Mpofu further argued that the ANC intended to deregister the MK party, but they had failed to do so. He stated, “The voters on the 29th of May will have their choice, and they will not be confused.
It’s an insult to our people to think they can be confused between some spear that is facing upward and another.” Mpofu’s argument emphasized the distinction between the ANC and the MK party, asserting that voters would not be confused by the similarities in the logos.
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