African National Congress (ANC) Secretary Fikile Mbalula has confirmed that the party will appeal the judgment of the High Court in Durban regarding the use of the name and logo of uMkhonto weSizwe.
This comes after the high court ruled in favour of former president Jacob Zuma’s party.
Mbalula said they had sound grounds to lodge an appeal as they believe the MK party was trying to mislead the public over the name. He said the MK party was infringing on the intellectual property of the ANC.
“The ANC will be appealing the matter and prohibiting the unlawful use of the ANC’s trademark and symbols and heritage by Zuma’s party.
“Trademark is about legacy, which we will challenge in the highest court in the land. We are not comparing logos, we are challenging the trademark,” said Mbalula, adding that the judge has granted them leave to appeal and they will appeal.
Mbalula emphasised that while Zuma can name his party as he wishes, using the name MK is not permissible. He asserted that MK is part of the ANC's legacy, and they intend to contest its use in court.
He said they were not challenging Zuma to form a party as he has a right to form it. However, he cannot use the name and logo associated with the ANC.
“Zuma has now registered a party. He has moved many steps since we suspended him. He is now a leader, not Jabulani Khumalo. He is effectively campaigning against the ANC.”
Mbalula explained that their court application relied on the Trademark Act to show that the MK party was improperly using the ANC's logo. The goodwill that was associated with MK lies with the ANC.
He further accused Zuma of misappropriating the name of MK.
The ANC reiterated that it was not against Zuma forming a party. They were concerned about the legacy and heritage of the ANC.
siyabonga.mkhwanazi@iol.co.za
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