Former South African President Jacob Zuma’s new political venture, the uMkhonto weSizwe Party (MK Party), has secured its first victory against the African National Congress (ANC) as the Electoral Court dismissed the ANC’s attempt to deregister the MK Party.
On 26 March, the Electoral Court rebuffed the ANC’s bid to challenge the MK party’s registration. The court upheld the Independent Electoral Commission’s (IEC) decision to register the MK Party as a political party in the upcoming national elections on 29 May.
The ANC argued before the court in Bloemfontein that the MK Party’s registration was invalid due to the submission of “fraudulent” signatures in its initial application for political party registration.
However, Judge Leicester Adams dismissed the application. At the end of the one-day hearing, Judge Adams stated, “We find there is nothing unlawful about the registration of MK party by the deputy chief electoral officer.”
ANC spokesperson Mahlengi Bhengu-Motsiri stated that the ruling party acknowledged the outcome and clarified that the case was not aimed at the MK Party but rather at the IEC’s decision to approve the party’s registration despite the “unlawfulness” of the procedure.
“We do not object to the party’s inclusion on the ballot, provided that the registration process conducted by the IEC adhered to legal requirements,” the statement read.
While the ANC may have accepted Tuesday, March 26’s ruling, they remain resolute in pursuing legal action against the MK Party over a logo dispute.
The dispute centres on the alleged unauthorised use of the uMkhonto weSizwe logo by the MK Party. The ANC secretary-general, Fikile Mbalula, alleged that former president Jacob Zuma appropriated the ANC’s intellectual property, pointing out that uMkhonto weSizwe was established by the ANC in 1961 as its military wing.
The copyright infringement case will be heard in Durban on 27 March.
In a recent statement, Bhengu-Motsiri reiterated, “The MK logo and name is the heritage and intellectual property of the ANC. We will not allow counterrevolutionaries to hijack our movement for their personal gain.”
The MK Party has argued that the logos are “very different”, pointing out the different position of the spear the warrior holds. However, the ANC argues the logo resembled the ANC’s “to such an extent that it may deceive or confuse voters”.
The legal saga between the ANC and the MKP underscores the political turbulence surrounding Zuma’s new party and its implications for South Africa’s electoral landscape. With the ANC’s vote share potentially under threat and Zuma’s influence looming large, the outcome of the logo dispute could have far-reaching ramifications as the country gears up for the upcoming general election.
