Judgment reserved in ANC vs MK Party logo matter

DURBAN - The African National Congress (ANC) has approached the court to compel former president Jacob Zuma’s uMkhonto weSizwe (MK) Party to change its name and logo.

This as the ANC claims the name and logo belong to its former armed wing, which operated during apartheid.

The ANC believes the use of the two is causing voter confusion. 

However, the MK Party has referred to the application to appeal as hopeless.

The ANC maintains its stance that the use of the name and logo uMkhonto weSizwe by Jacob Zuma’s party is an infringement of its trademark as these are linked to its former armed wing.

Party lawyer, Advocate Gavin Marriot, was the first to present its heads of argument in the matter.

Marriot said the ANC wants the MK Party stripped of the right to use the name and logo.

"Section 19, as we’ve said in the application, does not guarantee the right every of citizen to form a political party having a name that infringes upon the rights of others and nor does it guarantee the right to campaign. The point we make simply is change the name and you can exercise your section 19 rights."

However, MK Party lawyer, Advocate Dali Mpofu, said there was a huge difference in the logos.

"UMkhonto weSizwe logo as it will appear in the ballot paper, and the ANC logo the issue of the voter confusion as it relates to the passing of is completely destroyed by the side-by-side analysis."

Judgment has been reserved in the matter.