ANC threatens legal action against MK party over uMkhonto we Sizwe trademark

Lawyers representing the ANC have sent a letter to Jabulani Sibongiseni Khumalo, the founder of the new MK party, over its use of the uMkhonto we Sizwe logo and trademark.

uMkhonto we Sizwe trademark

The letter said the ANC has used the uMkhonto we Sizwe trademark for decades.

It asked Khumalo to stop using the logo and trademark.

“Our client has used its trademark for decades prior to its registration and assignment, and has therefore acquired a strong reputation in the mark. In addition to our client’s statutory rights in the trademark, our client has acquired strong common law rights in the mark,” the letter stated.  

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“Moreover, our client has applied for registration of the marks uMkhonto we Sizwe under application number 2023/256539, in class 41 and uMkhonto we Sizwe WAR VETERANS under application number 2023/26550, in class 411.”

ANC lawyers have written to uMkhonto WeSizwe political party to stop using the name and logo by 29 Dec or face court action.

The MK party was registered with the IEC in September 2023.

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The lawyers added that it has come to the ANC’s attention that the new party had been launched with the “logo as well as the block letters UMKHONTO weSIZWE and MK.”

The ANC said the use of the logo and trademark will lead to some South Africans believing there is a connection between the ruling party and the newly launched MK party.

Zuma ‘won’t vote for ANC’

The newly registered uMkhonto weSizwe party came to the public’s attention when former president Jacob Zuma announced he would not campaign for the ANC ahead of the 2024 election and the MK party would get his vote.

He said the current ANC was not the party he once fought for.

Zuma has since been criticised by prominent members of the ANC.

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Soon after the former president’s announcement, ANC veteran Mavuso Msimang reiterated that the uMkhonto weSizwe “trademark” belongs to the ruling party.

“I think it’s real abuse of a trademark that he knows belongs to the ANC and not to some faction that is dissatisfied,” said Msimang. “[Zuma] should be ashamed.” 

ANC KZN secretary Bheki Mtolo said Zuma’s actions were “a form of gross ill-discipline”.

“It should be noted with concern this is the first time in the 111 years of the ANC’s existence that a former president and an outstanding leader of the movement announces publicly his decision to vote for another political party and effectively campaign for that party, which we view as literally divorcing the ANC and leaving the ANC for another political formation,” he said.

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ANC Youth League president Collen Malatji said Zuma is being “used” by his children, friends and family.

“They are making him make a lot of mistakes and erasing his legacy and the hard work he has done to fight for the democracy of this country and as a former president for two terms,” said Malatji.

“I don’t know what informed this behaviour but I think it is reckless behaviour on his part.”

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Additional reporting by Molefe Seeletsa, Lunga Mzangwe and Vukosi Maluleke.