Court: ANC insists MK party wants to confuse voters

In its unrelenting fight against the uMkhonto WeSizwe (MK) party, the ANC insists the new party’s use of its logo and name will confuse and deceive voters into believing there is an association between the two.

The ANC approached the High Court in Durban on copyright infringement application case against MK to claim the logo and name as its intellectual property.

Presenting the ANC’s arguments yesterday, attorney Gavin Marriot said the ANC may have demilitarised its armed wing, uMkhonto weSizwe in 1994, but it never stopped using the name.

MK remained a vital part of ANC’s history

Arguing that MK remained a vital part of ANC’s history, Marriot said the party launched the military wing on 16 December, 1961, with the result there would be continued use of the name and brand until relatively recently.

The new MK party was registered on 7 September, 2023 and launched in Soweto on 16 December, 2023 and publicly endorsed by former president Jacob Zuma.

Marriot said the fact that approval was sought did not change the fact that it was the ANC who formed MK and there was a link between MK and ANC in the minds of South African people.

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“It remains a famous trademark and brand in this country and the goodwill in it resides in the ANC,” he said.

“Even if it had not been so, that the ANC continued to use it through its control of the uMkhonto we Sizwe Military Veterans’ Association (MKMVA), the fact is, it would still enjoy the residual reputation which vests in the name because of the fame the organisation achieved over the years and because it continues to feature in public life.”

‘Passing off’

Marriot said the ANC’s case for “passing off” was of the traditional sort, where it arose where one associated themselves in the course of trade.

“In other words, you tell customers, or voters in this case, there is an association between you and the proprietor of the well-known brand they know, and through that association, you garner votes which you would not otherwise garner. It is a misrepresentation as to association that results in benefit,” he said.

Marriot said that “on 30 December, 2023, addressing a crowd of supporters, Zuma stated he had not left the ANC but [MK] is one of the rooms in the ANC which he will use to save the ANC”.

He added: “That is the association. That is the case. These utterance… this is all part of the same strategy.

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“They tell you in these terms why they have adopted the logo. They are saying they have adopted the logo and trademark to tell consumers at the ballot box that the [MK] party is one of the rooms within the ANC. They draw an association with the ANC which amounts to misrepresentation and passing off.”

Under one Mkhonto (spear)

ANC secretary-general Fikile Mbalula said, according to the MK party founder, Jabulani Khumalo, his party and the ANC’s uMkhonto weSizwe are all under one Mkhonto (spear).

“While I am not clear as to the meaning of this uMkhonto he is referring to, I can confirm that the ANC’s uMkhonto has no relation or connection with the first respondent (Khumalo). To suggest that they are under one Mkhonto is a blatant lie,” he said.

Addressing ANC supporters on the sidelines of the ongoing case, Mbalula said it was important to make it clear that the ANC was pursuing this case to reclaim what was rightfully theirs.

“We do not have a problem with Zuma. He can use whatever name he wants in what he is doing, as long as he does not call it uMkhonto weSizwe because that is our Mkhonto,” he said.

Mbalula said if MK party had any integrity, and could stand for themselves, then why did it not call itself by its own name.

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