Judgment was reserved in the case brought by the ANC against the uMkhonto weSizwe (MK) Party in which the ruling party challenged the latter’s use of the name uMkhonto weSizwe, the abbreviation “MK” and the logo.
The ANC has said the matter was about infringement of its trademark. The case was heard in the Durban High Court on Wednesday.
Former president Jacob Zuma, who is leading and campaigning for the MK Party, was in court and addressed supporters who had gathered outside.
The ANC also had its supporters at court. They were addressed by ANC secretary-general Fikile Mbalula.
Advocate Gavin Marriott, for the ANC, argued that the MK Party was seeking to “ride on the coattails of the ANC’s heritage” to achieve the same advantage that the ANC enjoyed based on history.
Even if the ANC wanted to use the logo depicting a man with a spear, it would now mean that it would be promoting the MK Party, he told the court.
“You are reducing the pulling power, the advertising value of the mark which has been made famous by the ANC and that is taking advantage.
“The ANC enjoys extensive goodwill in the mark, in the logo and the shortening of the name MK.
“There is no dispute that these are very well-known marks. We believe that the ANC owns the goodwill,” Marriott said.
Advocate Tshidiso Ramogale, also acting for the ANC, argued that the Electoral Court and the Electoral Commission of South Africa (IEC) dealt with issues on elections and had no power to deal with trademarks.
The Electoral Court on Tuesday ruled that there was nothing unlawful about the registration of the MK Party by the IEC.
Advocate Dali Mpofu, representing the MK Party, said the case by the ANC had no merit, but was an abuse of the courts for political ends. The case was far weaker than the case the ANC had lodged at the Electoral Court, Mpofu argued.
“The real and sole purpose of this application is to obfuscate all the issues, cause frustration and prevent the inevitable. The entire application is devoid of any legal basis,” he said.
Advocate Muzi Sikhakhane, also representing the MK Party, said the matter should not be in court as it was a battle for political mindshare, which was something that no court could decide.
“This is not a battle for a court. It’s a battle for mindshare which is legitimate for political parties.
“Trademark law deals with trade of goods and services, strictly it’s in the area of commercial law. That is what everyone is battling to tell you: what they sell, what are the goods, what are the services. There are no goods and services in this regard because it’s in a domain that is placed elsewhere in the Constitution.”
Sikhakhane said any concerns that confusion might arise among voters as a result of the two logos were unfounded as there were no ANC members who would confuse the logo of the ANC with that of MK, or who would confuse the face of President Cyril Ramphosa with whoever the MK Party put forward (as its candidate).
There was no logic in arguing that the MK Party sought to represent itself as the ANC, he said.
“It would not make sense.”
* Additional Reporting Mercury Reporter
The Mercury