Judge Mahendra Chetty who is presiding over the trademark infringement case between the ANC and the uMkhonto weSizwe Party at the Durban High Court in KwaZulu Natal reserved his judgment. The ANC took MK Party to court earlier this year, claiming that the newly formed party's trademark was similar to that of their disbanded military wing, uMkhonto weSizwe.

THE APPEAL

Their case was dismissed with costs in April and the ANC was back in court yesterday to appeal the ruling. At the time, ANC secretary-general Fikile Mbalula said that they were appealing the matter to stop and prohibit the unlawful use of the ANC's trademarks, symbols and heritage by the party led by Zuma. The ANC brought the copyright case before the Durban High Court to stop the MK Party from using the logo before the May elections, but their attempts failed. In court, the ANC argued that the alleged passing off and infringement of its trademark is not time-bound and the harm suffered by the party will continue, so long as the MK Party exists. Outside court, hundreds of MK Party members came in numbers, and there was a lot of cheering when expelled former ANC President Jacob Zuma arrived in court. 

ISSUE OF TRADEMARKS

ANC advocate Tshidiso Ramogale argued that the ANC brought the case to deal with the possibility of political parties naming their organisations while not actually considering the issue of trademarks. "The assessment made by the Electoral Commission when there is a dispute about a mark only concerns the registration of the party. It does not concern the lawful use of that particular mark by the party, and the lawful use in this particular instance, where there is in fact a trademark question, cannot be an issue that is decided by the Electoral Court or the Commission," he said. They alleged that if the MK Party continues to use the name, it will continue to cause more complications to their supporters even after the elections.

APPEAL UNNECESSARY 

Meanwhile, MK Party legal representative Advocate Dali Mpofu argued that the appeal was unnecessary as the uMkhonto weSizwe was disbanded when the MK Party was formed. "It will make no practical difference. So, they are here just to waste the court's time. The reality is they wanted the party to be deregistered and they failed and there's nothing more your lordship or anybody can do about it. The voters on the 29th of May will have their choice and they will not be confused. It's an insult to our people to think they can be confused between some spear that is facing upward and another," he said.