ANC to appeal court judgement

ANC to appeal court judgement

The Secretary General (SG) of the ANC Mr Fikile Mbalula told the media on Monday that the ruling party intends to appeal the judgement by the High Court in Durban regarding the use of the name and logo of uMkhonto weSizwe (MK).

The ANC and the newly formed uMkhonto weSizwe party have been at loggerheads over the use and logo of MK. The governing party says MK is its heritage and intellectual property and the MK was formed as its military wing during the apartheid era, and that the name and logo belongs to the ANC. The party argued that the use of the MK name and logo will confuse voters during the elections.

Mbalula says the ANC argued the matter before court relying on section 34.1(a) and (c) of the Trademarks Act, 194 0f 1993 Act to demonstrate that Jacob Zuma’s party is misrepresenting itself as being connected or associated with the ANC. The ruling party wants Zuma’s party to stop using the MK name and logo.

The Court however found no basis for this and dismissed the case with costs.

“The African National Congress intends to appeal the judgement of the High Court of South Africa in Durban, the ANC will be appealing the matter to stop and prohibit the unlawful use of the ANC’s trademark, symbols and heritage by Mr Zuma’s party currently referring to itself as the uMkhonto weSizwe party,” said Fikile Mbalula.

The ANC remains relentless in protecting its heritage, in appealing the matter; the party will centre the question on whether the unauthorised use of one’s intellectual property is consistent on what and how the unauthorised party of Jacob Zuma uses the property for.

According to Mbalula, the uMkhonto weSizwe name is not just an empty shell, it is associated with goodwill which is appropriated to the ANC, which is what Zuma is attempting to steal from the ANC and appropriate the goodwill associated with the name to himself.

Fikile Mbalula said the ANC is not opposed to Jacob Zuma having his own party; in this case they are just protecting the intellectual property and legacy of the ANC for future generations. He says Zuma is not the first person to leave the ruling party and start a political party, if he can use a different name and logo, the ANC will not bother him.

“The ANC was and is to this day the heart and soul of uMkhonto weSizwe, we strongly believe that an appeal is dully warranted,” he concluded.


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