Durban — As the legal battles continue between the uMkhonto weSizwe Party (MKP) and its rival, the ANC, the judgment in the leave to appeal application filed by the latter over the use of the MK logo and name was reserved on Thursday.
As expected, the MK Party backers who were outside the court were addressed by leaders, who took turns throwing political jabs at the ANC.
Durban High Court Judge Mahendra Chetty reserved judgment, with the court adjourning before lunchtime on Thursday.
The ANC had brought the application before the court after its initial attempt to block the MK Party from using the uMkhonto weSizwe name and logo was dismissed by the same court in May.
MK Party leader Jacob Zuma was also in court, accompanied by a high-level party delegation including his daughter, Duduzile Zuma-Sambudla, and the party’s head of presidency, Magasela Mzobe.
The MK Party was represented by senior council advocate Dali Mpofu, while the ANC was represented by advocate Gavin Marriott.
Mpofu told the court that the ANC’s legal bid would not yield any result, saying it was “hopeless”.
“I can confidently say that the ANC’s bid to block the MK Party from using the name and logo is hopeless.
“The harm was done during the elections, and you can’t change that now … The horse has bolted, and the train has left the station,” he said.
Marriot, for the ANC, said: “The trademark is continuing. There will be future elections and by-elections.
“There will be fund-raising and conferences. And all of that is going to involve the use of the MK logo and party name. And that continued future will continue to erode the goodwill the ANC says it enjoys in the name uMkhonto weSizwe.”
There were no ANC leaders and supporters present as the party is holding its National Executive Committee, meeting, its highest party structure, in Birchwood Hotel in Ekurhuleni, Gauteng.
In a statement, the party said: “The ANC is determined to petition for a court order that stops Mr Zuma’s party currently referring to itself as the uMkhonto weSizwe Party (MKP) from any further unlawful use of the ANC’s trademarks, symbols and heritage.”
The ANC has repeatedly said the MKP’s use of what it claims as its logo and name was “unlawful”.
In court papers, the ANC said the continued use of the uMkhonto weSizwe name and its logo would hinder its progress as a party.
It claimed the name and logo belonged to the party as it was the name of its military wing.
However, the MK Party argued that the governing party could not claim the name since it does not legally own it.
Speaking outside court, MK Party secretary-general Arthur Zwane said: “We will not call what the ANC and DA are doing by the name Government of National Unity (GNU). This is an alliance between the sell-outs, which is the ANC and the whites and represents their interests.”
The MK Party got a political boost in December after Zuma publicly endorsed it and joined. Nationally, the party bagged 58 of the 400 seats in the National Assembly in the May 29 elections.
However, Zuma’s association with the MKP led to the ANC, the party he led for 10 years (2007-2017), expelling him on Monday.
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