MK Party vs ANC | Trademark Case
The Durban High Court has dismissed the African National Congress’s (ANC) trademark infringement case against the MK Party, ordering the ANC to bear the legal costs on Monday. The ANC had accused the MK Party of unlawfully utilising its registered name and emblem, igniting a legal battle over intellectual property and heritage.
The ANC sought a legal injunction to prevent the MK Party from employing the “uMkhonto weSizwe” name and its associated logo, claiming proprietary rights over these symbols associated with its historical military wing formed during the apartheid era. The ANC’s move to dissolve the MK Military Veterans’ Association in 2021 further complicated the legacy of “uMkhonto weSizwe,” or MK, as it transitioned from an active militant group to a symbol of struggle within the public memory.
Jabulani Khumalo, the founder of the MK Party, staunchly refuted the ANC’s claims, asserting the legitimacy of his party’s use of the MK trademarks. “MK trademark is ours. ANC never registered the trademark. They are lying but we will tell them,” Khumalo said defiantly. He suggested that the ANC’s legal pursuits stem from a fear of electoral competition posed by his party.
This court decision follows a previous unsuccessful attempt by the ANC to have the MK Party deregistered over what it claimed were irregularities in the party’s registration with the Independent Electoral Commission (IEC).
The dispute has stirred emotions and raised questions about the ownership of South Africa’s liberation history and the legacy of its struggle against apartheid.
ANC Secretary-General Fikile Mbalula commented on the matter, implying that while political movements are welcome, they should not exploit the ANC’s historical symbols.
“Zuma can go ahead and start his movement but just not name it after the ANC’s military wing which was formed during apartheid,” Mbalula said, referencing the suspension of former President Zuma from the ANC due to his support for the MK Party. This reflects the ANC’s stance that Zuma’s promotion of the MK Party constitutes a misuse of the liberation movement’s legacy for personal and political agendas.
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