The ANC’s legal fight for the MK name is facing major hurdles, with experts predicting a loss in court.
The ANC can just forget the battle for the ownership of the uMkhonto weSizwe (MK) name, which is set to be won by Jacob Zuma.
This is the view of experts who said the ANC could be left licking its wounds as it has a tendency to lose court cases because of “hiring weak lawyers”.
This comes after the MK, the original ANC military wing, and Zuma’s MK party, commemorated their anniversaries on Monday.
MK and MK Party anniversaries on Monday
The MK party held a rally at Moses Mabhida Stadium in Durban to celebrate its first anniversary since its launch last year, while the ANC issued a statement remembering its MK heroes who sacrificed their lives for freedom.
The ANC’s MK was launched on 16 December, 1961, at Mangaung township in Bloemfontein and it embarked on the armed struggle against the then apartheid National Party-led state.
Luthuli House said this week it was “resolute in affirming that MK remains synonymous with the ANC”.
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“Any attempt to distort this proud legacy, or to form new entities claiming this mantle, is a betrayal of our history and the sacred memory of those who sacrificed their lives,” said the ANC.
“Umkhonto weSizwe is not just a name – it is a legacy intertwined with the ANC’s enduring vision and mission to serve the people of South Africa.
However, in April the ANC lost its urgent application in the KwaZulu-Natal High Court in Durban to stop MK party from using its military wing’s name and logo.
Name and logo battle
But a month later, the ANC lodged a notice to appeal application, arguing that it believed there was a reasonable prospect that another court could come to a different conclusion.
In the notice to appeal application hearing on 1 August, MK party counsel advocate Dali Mpofu disagreed.
He argued the ANC’s claim of a harm to the party due to confusion over the use of the name and logo would cause to the voters was linked to the May general election and that it had since past, and the harm was no longer the issue. He said the matter had become moot.
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However, ANC’s counsel advocate Gavin Marriott argued the party had the right to stop the continuing wrong use of the party logo and name of its former military wing by the MK party.
He said the use of the name and the logo was likely to “deceive” the public into thinking that there was a connection between the ANC and Zuma’s MK party.
The court granted the ANC leave to appeal.
Court granted ANC leave to appeal
Yesterday, political analyst Prof Ntsikelelo Breakfast, who is director of the Centre for Peace, Security and Dispute Resolution at Nelson Mandela University, said the odds were stacked against the ANC in the matter and it was likely to lose it.
He said the party had poorly handled the issue from inception.
“[ANC secretary-general] Fikile Mbalula dropped the ball,” he said.
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“The ANC did not do anything although it was aware early last year that the MK party idea was in the pipeline.
“The office of Mbalula must take responsibility. This battle is not winnable for the ANC. It had a window of opportunity to challenge it, but it failed to act at the right time.”
KwaZulu-Natal University political science lecturer Zakhele Ndlovu said Zuma could win the matter in court because the ANC had a reputation for “not having good enough lawyers”.
‘Not having good enough lawyers’
He suggested the party needed to get some of the best lawyers to handle the appeal, otherwise it could lose the case.
Ndlovu said the reason Zuma used the name and logo of MK was because he still regarded himself as an ANC member, despite having formed his own party.
Breakfast added: “We all know who owns MK, its history and heritage. It’s the ANC. But this matter has become complex now due to technical issues surrounding the registration of the trademark.”
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Zuma launched his own party on 16 December last year and gave it the same name and logo as the ANC’s guerilla army – a move that angered the ANC, which said it was the rightful owner and custodian of the name and the logo because it is part of its history and heritage.
The ANC intended to apply for an order barring the MK party from using both its registered name and logo and would subsequently require that MK party must change these. The appeal on the matter is still pending.
