ANC heads to SCA in bid to overturn high court decision over MK Party logo
In 2024, the court found that it had no jurisdiction to determine a trademark infringement suit as the ANC’s challenge was an electoral matter.
Picture: AFP
JOHANNESBURG - The battle of political trademarks continues as the African National Congress (ANC) heads to the Supreme Court of Appeal (SCA) in an attempt to overturn a decision by the KwaZulu-Natal (KZN) High Court.
The party is appealing the high court’s judgment after it failed to have the uMkhonto weSizwe (MK) Party cease from continuing with the use of the name and logo.
In 2024, the court found that it had no jurisdiction to determine a trademark infringement suit as the ANC’s challenge was an electoral matter.
However, it later granted the ANC leave to appeal the application.
Thus, it would be guided by the Electoral Commission Act and adjudication be done by the electoral court.
The ANC, however, is of a different view.
In papers, the former majority party submitted that neither the chief electoral officer, Electoral Commission nor the electoral court had the jurisdiction to determine a matter relating to the infringement of the Trade Marks Act nor passing off.
Passing off is a common law principle relating to a misrepresentation of an association, in this matter, the ANC accused the MK Party of misrepresenting an association between the two parties before South Africans headed to the much-contested May 2024 polls.
Section 16 of the Electoral Commission Act prohibits the chief electoral officer from registering a political party if the applying party’s name closely resembles the name, abbreviated name, mark or symbol of any other registered party to the extent that it may deceive or confuse voters.
Thus, the party argues, that when considering the application for registration, the IEC only considered the uMkhonto weSizwe name and its symbol which does not mimic that of any other party.
Therefore, the electoral body and the court do not have the jurisdiction to determine whether the MK Party infringes the rights of the ANC under the Trade Marks Act or whether its name will infringe on the goodwill or reputation of the ANC, thereby amounting to passing off.
This, it said is a determination to be made in the high court.