The ANC, through its lawyers, sent a letter to Jabulani Sibongiseni Khumalo demanding that he stop using the uMkhonto we Sizwe logo and trademark.
The ANC says it has been using this brand for decades before the registration and allocation and therefore already has a strong reputation for it in the market. The party adds it has statutory rights in the trademark, which has acquired strong common law rights in the market.
The ANC claims it has the highest regard for the reputation of the uMkhonto we Sizwe logo. The unauthorized use of the trademark can mislead members of the public and make them think that there may be a connection between the registered party and the ANC, when this is not the case.
The ANC is apparently aware of incidents where confusion has already occurred since the party was launched.
“The unauthorized use of the trademark violates common law and is illegal.”
The ANC requests Khumalo to stop using the trademark of the MK by 29 December 2023. If Khumalo does not stop using it, the ANC will proceed with civil action against him including a demand for royalty payment for the illegal modification and unauthorized use of the uMkhonto we Sizwe brand.
uMkhonto we Sizwe (MK), literally “Spear of the Nation”, was the armed military wing of the African National Congress and the South African Communist Party. The ANC and the SACP used MK to fight against the apartheid regime of South Africa.
“It is therefore an undisputed historical record that there is an indissoluble connection between uMkhonto weSizwe and the ANC.”
Veterans of the ANC’s military wing, uMkhonto weSizwe (MKLWV), made it clear earlier that they do not have the same problem as ex-pres. Jacob Zuma – and his support for the newly formed political party of the same name – should not be shaved. Last week, on Saturday, Zuma attacked the ANC when he announced that the ruling party would not get its vote in next year’s general election. This despite the fact that he intends to remain a member of the ANC.
Dan Hato, convener of the MK veterans, then launched a scathing attack on Zuma. He said the former president’s association with MK was a deliberate attempt to mislead members of the public. “MKLWV wants to make it very clear that the so-called uMkhonto weSizwe party of Zuma is not (the) MK of Oliver Tambo. This is not the MK of Chris Hani. It in no way represents the disciplined and dedicated cadres of the authentic Umkhonto we Sizwe.”
