The Durban High Court dismissed the ANC’s application regarding the uMkhonto weSizwe (MK) party’s brand name and logo on Monday with costs.
This is not the first time that a court has ruled in favor of the MK party rather than the ANC.
“They (the ANC) know we are going to win the election,” Jabulani Khumalo, founder of the MK party, told reporters outside the court this morning after the verdict.
“They are doing this (thing) to stop us, but they can’t. We will always win.”
The ANC argued in court that the MK party’s use of the historic logo of uMkhonto weSizwe amounted to copyright infringement.
The ANC believes that uMkhonto weSizwe, which was the military wing of the ANC during the struggle and up to and including 1993, is unique to the party and that the ANC is the one that over the years has built up the history and goodwill that currently bears the logo be connected.
The ruling party believes the MK party’s use of the brand and logo is improper and inappropriate, as it says it creates confusion among voters.
The MK party’s legal team has consistently maintained that the ANC does not own the rights to the uMkhonto we Sizwe name and logo.
This morning’s verdict is one of several that have recently turned in the MK party’s favour.
RNews earlier reported that last month, in a session of the High Court in Johannesburg, the electoral court rejected the ANC’s application to stop the MK party’s participation in the upcoming election.
The court also later decided that ex-pres. Jacob Zuma, who is now a member of the MK party, can be nominated for this year’s national election.
This after the Elections Commission (ECC) initially decided that Zuma may not participate as a candidate in this year’s elections because he has a specific criminal record.
Khumalo told reporters this morning that the party is aiming for a two-thirds majority in the upcoming national election.
