Mpofu says ANC relying on voter confusion in trademark case against MK party is ‘untenable’

Legal counsel for the uMkhonto weSizwe (MK) party has argued that the African National Congress’ (ANC’s) trademark case is anchored on “voter confusion”.

The ANC hauled the MK party to the Durban High Court over its use of the name and accused former president Jacob Zuma’s new party of being in violation of Section 34 of the Trade Marks Act.

The governing party wants to stop the MK party from using the name and logo linked to the ANC’s armed wing uMkhonto weSizwe.

ANC claims of voter confusion

Representing the MK party, Advocate Dali Mpofu argued the ANC matter is about the “political contestation” and exercising of “political rights” set out in section 19 of the constitution.

Quoting ANC Secretary-General Fikile Mabalula’s founding affidavit, Mpofu said that the governing party’s case is anchored on “voter confusion”.

Mbalula’s affidavit states: “There is overwhelming public interest in ensuring that when voters approach the voting booth, they are not confused as to the party which they are placing their trust in.”

Mpofu said Mbalula’s affidavit “hit the nail in the head”.

“That’s what we are brought here to do. This whole case is anchored on something called voter confusion. The law talks about confusion in general terms, but this case is not about confusion in general terms, its about voter confusion specifically and that phrase doesn’t come from us, it comes from Mr Mbalula.”

“We are here to cover up the ineptitude of the ANC itself and particularly the office of the secretary-general. The ANC’s case is untenable,” Mpofu argued.

ALSO READ: WATCH: MK party ‘riding on the coat-tails’ of the ANC’s history and legacy’

Mpofu accuses ANC of ‘abusing courts’

Mpofu said the ANC’s case is an “abuse of the court process” and should be slapped with a punitive costs order.

“This has to stop somewhere, we cannot have our courts being abused in the manner week in, week out to achieve political ends.”

Mbalula insists MK party must change name

Meanwhile, Mbalula said the governing party will “definitely” appeal the trademark ruling if it is not in their favour.

“We must be convinced by the law as to why we shouldn’t [appeal] because uMkhonto weSizwe is a registered trademark of the ANC. Whether they argue its was done by Legacy Trust and all of that, its was ceded to the African National Congress.

“They [MK] don’t have to deregister, let them change the name of the political party and let them call themselves something, we don’t have a problem with that,” Mbalula said.

#ANCvsMK

[WATCH] ANC SG, Fikile Mbalula says they will definitely appeal the trademark ruling if it is not in their favour. He further explains why a decision was taken to not appeal the Electoral Courts judgement. @Newzroom405 pic.twitter.com/qx20sGGvcD

— Linda Mnisi (@LindA_MniSii) March 27, 2024

Mbalula also told supporters the ANC will not appeal the Electoral Court’s ruling after the governing party lost its bid to deregister Zuma’s MK party.

ALSO READ: WATCH: ANC loses bid to deregister Zuma’s MK party

Earlier, the ANC’s lawyer Gavin Marriot argued that the logos of the governing party and the MK party are so similar that they will confuse voters when they get their ballot paper on election day.

“Parties campaign for four or five months for a reason. The entire campaign trail is about the education of voters. The confusion and deception is going to arise long before they get into the ballot box.”

Marriot said the MK party was using a completely similar mark.

ALSO READ: ‘It’s only the ANC that has a problem,’ says MK party after Electoral Court win