Court to hear ANC’s appeal against MK Party trademark

The KwaZulu-Natal High Court in Durban will today hear the ANC’s appeal against the use of the uMkhonto weSizwe trademark by the MK Party.

The African National Congress (ANC) is pursuing exclusive rights to the name in a public battle that began in March this year. The party argues that its legal challenge is based on principle and heritage.

The court dismissed its application earlier this year, finding that it had no jurisdiction to entertain the matter.

The jurisdiction of the High Court to entertain a trademark matter is expected to take centre stage along with several other grounds upon which the ANC has based its appeal.

The ANC argues that a party cannot challenge a decision of the Commission to the Electoral Court, as prescribed by the Electoral Commission Act, in a matter in which the Commission itself has no jurisdiction or power.

In papers before the court, the party adds that the alleged passing off and infringement of its trademark are not time-bound and the harm suffered by the party will continue for as long as the MK Party exists and continues to use the name, even after the elections.

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