ANC disputes court finding of MK Party constitutional violation over logo matter
In papers, the ANC argues that just because the party was registered does not mean it cannot infringe on the rights of other political parties under the Trade Marks Act.
Picture: AFP
JOHANNESBURG - The African National Congress (ANC) has disputed the finding of the KwaZulu-Natal (KZN) High Court in Durban, that its request for an interdict against the uMkhonto weSizwe (MK) Party’s use of the name and logo of its former military wing will violate the new party's constitutional rights.
In papers, the ANC argues that just because the party was registered does not mean it cannot infringe on the rights of other political parties under the Trade Marks Act.
The former governing party approached the Supreme Court of Appeal (SCA) in a bid to overturn the high court's decision that dismissed its application to interdict the MK Party from using the name and logo.
Considering the application by the ANC to interdict the MK Party from using the name and logo of the former military wing, Judge Mahendra Chetty considered the practical effect of such an order and found that this would have adverse effects not only on the MK Party but also on its voters, also considering that the party had already begun campaigning under the MK Party banner.
But in papers before the SCA, the ANC submits that these rights do not give the MK Party free will to form a political party with a name that allegedly infringes upon the rights of others.
It argues that the official opposition is at liberty to exercise its Section 19 rights provided that it does so without infringing the rights of other political parties.