The ANC was challenging the trademark in court. Picture: Jacques Naude, Independent Newspapers
THE ANC has lost another legal battle against the newly formed uMkhonto weSizwe (MK) Party after the High Court in Durban ruled against it over the use of its name and logo.
The ANC had taken the MK Party to court over the use of the name and logo. It wanted the court to stop the party from using the uMkhonto weSizwe name and logo.
MK Party leader Jabulani Khumalo said he was happy with the outcome of the judgment.
“I am over the moon. We are unstoppable,” said Khumalo.
Khumalo said the ANC was trying to interrupt its election campaign programme.
The party would now focus on the elections, Khumalo told the SABC.
The ANC’s court battle with the MK Party was concluded in the High Court in Durban after weeks of waiting by the two parties.
The ANC had argued in court that the name and logo belonged to it. It said the MK Party wanted to confuse voters ahead of the elections.
The MK Party argued that the ANC did not own the logo and name.
The ANC had argued in court that when uMkhonto weSizwe (MK) was formed in 1961 it was a military wing of the party and would act on instructions of the leadership.
The military wing of the ANC was formed by both the ruling party and the South African Communist Party.
The ruling by the High Court in Durban on Monday comes hot on the heels of another judgment in the Electoral Court in Johannesburg recently where the MK Party won against the ANC.
That battle was about the registration of MK Party as a party.
The court found that there was nothing irregular about the registration of Zuma’s party.
In another court application, the Electoral Court ruled that Zuma can contest the elections. This was after an objection that Zuma was not eligible to be on the ballot paper because he was convicted and sentenced to more than 12 months in prison by the Constitutional Court.
Zuma was incarcerated at the Estcourt prison for defying the order of the apex court.
The MK party has also asked the IEC that Zuma’s face be on the ballot paper. This was after the party decided to remove Jabulani Khumalo’s face from the ballot paper. Khumalo is the founder of the MK Party and he registered it.