ANC vs MK Party
The Durban High Court in KZN is set today to hear the case between the African National Congress (ANC) and the uMkhonto weSizwe (MK) party over the use of the historic name “Umkhonto weSizwe” and related symbols.
The ANC, currently embroiled in a legal confrontation with the MK party, seeks to prohibit the latter from utilising its trademark, emblem, logo, and distinct colors. These elements, as per the ANC, are deeply rooted in their 112-year liberation history and claimed as protected under intellectual property rights.
This legal battle is the second phase of a concerted effort by the ANC to obstruct the MK party from participating in the impending elections slated for the 29th of May. The initial attempt to have the MK party deregistered by the Independent Electoral Commission (IEC) was unsuccessful, with the Electoral Court ruling against the ANC.
Judge Lebogang Modiba of the Electoral Court dismissed the ANC’s application to deregister the MK party, stating that it had no substantiated grounds. This judgment was delivered this past Tuesday following heated debates in the Bloemfontein court.
During the court’s hearings, the ANC’s legal advocate, Tshidiso Ramogale, pressed the seriousness of having the MK party in the elections, arguing it could potentially compromise the integrity of a free and fair electoral process. However, the IEC’s council, Terry Motau, cautioned that ruling in favour of the ANC’s demands might set a precedent for political parties to bypass due processes in the future.
Advocate Dali Mpofu, representing the MK party, countered the ANC’s claim that an appeal against the IEC’s resolution was unattainable during the festive season, branding this excuse as “unintelligible”.
The ANC’s assertion that the IEC should have rejected the MK party’s registration – citing alleged application errors – was challenged by both the IEC and the MK party, affirming that all legal requirements were duly met.
The contention escalated following the registration of the MK party by Jabulani Khumalo in September of the previous year and peaked when former President Jacob Zuma declared his support for the party in December. The ANC’s secretary-general, Fikile Mbalula, has accused Zuma of usurping ANC’s “property”, given that the MK was established by the ANC in 1961 as its military wing.
In the wake of Zuma’s announcement to cast his vote for the MK party, the ANC’s National Executive Committee had resolved to suspend him from the party.
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