The ANC is expected to lodge an appeal against the Durban High Court’s decision which rejected its bid to prevent former president Jacob Zuma’s party from using the uMkhonto weSizwe logo and name.
Briefing the media on Monday, ANC secretary-general Fikile Mbalula said they intended to appeal the court decision. “The ANC will appeal against the matter to stop and prohibit the unlawful use of the ANC trademark, symbols and heritage by Mr Zuma’s party currently referring to itself as uMkhonto weSizwe,” Mbalula said.
He made the statement hours after the Durban High Court delivered its judgment in an application the ANC brought in terms of the Trademark Act to show that Zuma’s party was misrepresenting itself as being connected or associated with the ANC by using its well-known logo and name uMkhonto weSizwe (MK).
“In appealing against the judgment, the ANC will focus on the question (of) whether unauthorised use of one’s intellectual property is consistently on what and how an unauthorised party uses the property.
“We believe the goodwill associated with MK is that of ANC. It is the goodwill Zuma’s party is attempting to unduly appropriate unto itself,” Mbalula said. He said the ANC valued all facets of democracy and that they were not opposed to Zuma’s party being on the ballot paper.
“However, the ANC is defending its intellectual property.”
He said the ANC had stated that Zuma, who was not the first to leave the governing party, could establish and name his organisation without appropriating to himself ANC assets.
“The ANC was and is the heart and soul of MK. We strongly believe an appeal is warranted,” he said.
Mbalulu’s remarks also come after the ANC had challenged the registration of the uMkhonto weSizwe Party (MKP) in the electoral court and lost. It did not appeal the Electoral Court judgment.
“Trademark is a different case altogether. It is about the legacy, which we will challenge to the highest court in the land. There will be no retreat on that.”
Mbalula took issue with Judge Mahendra Chetty when he said that the matter belonged to the Electoral Court.
“That is something that is not a fact.
It is a matter we will challenge in terms of the appeal,” he said.
Mbalula said that the MK trademark was ceded to the ANC.
He further said that the party would not allow the legacy of the liberation movement to be trampled over without a response.
Cape Times