Fikile Mbalula, the ANC’s secretary-general, expressed that the ANC has intentions to appeal the Durban High Court decision dismissing its case over MK Party Trademark use. During a press conference at Luthuli House, Johannesburg, Mbalula emphasized the ANC’s commitment to appeal the decision, aiming to halt the unauthorized use of the ANC’s symbols and legacy by what is now identified as the Umkhonto weSizwe Party.
Political Disruption Allegations
ANC to appeal court decision-Image Source@XMbalula criticized the court’s involvement in political affairs, arguing that it failed to adequately address the trademark dispute outlined in the ANC’s petition. He characterized the MK Party as a disruptive endeavour led by interim figures, alleging frequent dismissals and a fluid leadership structure primarily serving the interests of Mr Zuma rather than functioning as a legitimate political entity.
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Court’s Judgment
The ANC initiated legal action in March under the Trade Marks Act, asserting ownership over the name and emblem of its former military wing, uMkhonto weSizwe. However, the MK Party contested the ANC’s claim, asserting that the ruling party lacked exclusive rights to the name and symbol. The Durban High Court ruled against the ANC, dismissing its plea for injunctive relief and asserting that the party failed to substantiate its entitlement to final relief.
Court’s Decision and Costs
The court determined that the ANC’s application lacked urgency and was not filed in the appropriate forum. It suggested that the ANC could have pursued its case through the Electoral Court, opting for a different legal avenue instead of the high court. Additionally, the court declined to impose punitive costs on the ANC, instead awarding costs based on a party-by-party assessment, considering the complexity of the case and the rights exercised by both parties.
