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Picture courtesy: (South African Government online) ANC Secretary-General Fikile Mbalula has confirmed that the party would appeal the Durban High Court ruling against it over the use of the uMkhonto weSizwe name and logo.
(The Post News) – The African National Congress (ANC) faced a setback as the Durban High Court ruled against its bid to halt a new party from adopting the name and emblem of its former armed wing, uMkhonto we Sizwe (MK). This decision has escalated pressure on the ANC to appeal, highlighting the significance of the outcome ahead of the upcoming general election on May 29.
The recent ruling that allows the new political party, led by former President Jacob Zuma, to use the name “Spear of the Nation” has brought joy to Zuma’s supporters. However, the ruling is seen as a setback by the ANC, who have promised to challenge it in court. The party has emphasized its commitment to safeguarding its intellectual property and legacy.
ANC Secretary-General Fikile Mbalula confirmed the party’s intention to appeal, citing concerns that the new party, the uMkhonto weSizwe Party (MKP), aimed to deceive the public with its use of the name and logo. Mbalula underscored the importance of preserving the trademark symbols and heritage, signaling a determined stance against what the party views as unauthorized use.
“Trademark is about legacy, which we will challenge in the highest court in the land. We are not comparing logos, we are challenging the trademark,” said Mbalula.
Central to the argument is the assertion that uMkhonto we Sizwe is an integral part of its legacy. Mbalula clarified that while Zuma has the right to establish a party, he cannot exploit the name and logo associated with the party.
“Zuma has now registered a party. He has moved many steps since we suspended him. He is now the leader, not Jabulani Khumalo. He is effectively campaigning against the ANC,” said Mbalula, accusing Zuma of appropriating the MK name.
Visvin Reddy, the provincial leader of MK in KwaZulu-Natal, praised the court’s decision as a positive development for the party. He specifically highlighted the benefit of the decision in Zuma’s home province, where he has significant support.
Responding to the ruling, Judge Mahendra Chetty clarified that the matter was within the jurisdiction of an electoral court, emphasizing that the high court was not the appropriate venue to settle disputes over historical claims dating back nearly six decades.
The determination to appeal underscores the significance of the case, not only in legal terms but also in its broader implications for political branding and heritage. As the legal battle continues, the outcome remains pivotal for both the ANC and the new party, which seeks to assert its identity within the political landscape.