The Durban High Court in KZN has dismissed ANC's claims of trademark infringement by the uMkhonto weSizwe Party (MK) this morning. The ruling party took the newly formed party backed by Jacob Zuma to court alleging their trademark was similar to that of their disbanded military wing uMkhonto weSizwe.

CASE DISMISSED 

In his affidavit, ANC secretary-general Fikile Mbalula sought for the court to stop MK from using the name and logo, which they say are part of its heritage and intellectual property. Mbalula also wanted the court to force MK to pay royalties for illegally using the logo resembling that of uMkhonto weSizwe. MK Party's legal counsel Advocate Dali Mpofu argued that the logo was different from the uMkhonto weSizwe. Acting Judge Nicolette Beket dismissed the ANC's application with costs. The court found that there was nothing irregular about the use of the MK logo. 

#MK The @MYANC application over the MK trademark case dismissed with costs at the KZN Division of the High Court in Durban. #eNCA pic.twitter.com/Q7gIKqkUmF

— Siphamandla Goge (@SiphamandlaGoge) April 22, 2024

MK COURT VICTORIES 

Two weeks ago, the Electoral Court ruled that former president Jacob Zuma could contest the elections. This was after an objection that Zuma was not eligible to be on the ballot paper because he was convicted and sentenced to more than 12 months in prison by the Constitutional Court. In March, the ANC also lost another case against MK Party where they wanted the party to be deregistered. The ANC wants the court to declare MK's registration in September 2023 invalid and unlawful. The court rejected an application for late submission of its objections by the ANC and further ruled that the ANC only has itself to blame. 

TOO BUSY TO ATTEND COURT CASE 

When MK party founder Jabulani Khumalo was asked about the whereabouts of former President Jacob Zuma, he said he was too busy to attend the trademark court case. Khumalo and Zuma's daughter Duduzile Zuma-Sambudla were in court this morning. Addressing the media after their victory, Khumalo said that they were on cloud nine after the verdict. "We have been saying that the ANC is trying by all means to dismantle MK Party. The court has once again proven that there is no MK trademark that belongs to the ANC. We can now focus on campaigning for the upcoming elections. These cases are unnecessary to be honest," he said. "We have been telling the ANC members that these court cases are unnecessary. They are trying to shift our focus as we are a big threat to them. We are here to stay; MK party is not going anywhere. They must get used to that," he said. Mpofu argued that the Electoral Court was the correct forum to ventilate the matter as the ANC had already invoked Section 16(2) of the Electoral Commission Act.