The Durban High Court has ruled against the African National Congress (ANC) in its attempt to prevent the Mkhonto weSizwe (MK) Party from utilising the name and emblem of its former armed wing.
The ANC had sought to halt the MK party’s use of the iconic MK name and emblem, arguing trademark infringement. However, the court’s decision, delivered with a firm tone, dismissed the ANC’s claims and asserted that the matter fell within the purview of an electoral court rather than a standard civil court.
The verdict, handed down on 22 April, comes amid an ongoing legal tussle between the two political parties. This is the second victory for MK in recent months after the Electoral Court dismissed the ANC’s attempt to deregister the MK Party on 26 March.
However, the ANC is not conceding defeat just yet. According to a statement from ANC Secretary-General Fikile Mbalula, the party has vowed to appeal the court’s decision in an attempt “to stop and prohibit the unlawful use of the ANC’s trademarks, symbols, and heritage by Mr Zuma’s party.” So, we can expect more legal battles to play out before the official race at the polls begins.
With the elections just five weeks away, on 29 May, the ruling in favour of the MK party has added a new layer of complexity to the election drama between former president Jacob Zuma and his former political party.
