The KwaZulu-Natal High Court has dismissed the ANC's bid to prevent Jacob Zuma's MK Party from using the names and symbols of its disbanded anti-apartheid military wing, the uMkhonto we Sizwe name and trademark. The judgment, handed down at the Durban court on Monday morning, states that the use of the "uMkhonto we Sizwe" name and symbols can be used by the recently-established MK party, led by former president Jacob Zuma.
The ANC's delayed application was deemed "self-created," as the onus was on party secretary general Fikile Mbalula to ensure that they appeal within the allocated time. The judgment also found that the ANC had been aware that the MK party's application for registration was rejected on 4 August 2023 and that the party was eventually registered on 17 September, but did not file on time.
The judgment states that the ANC's appeal to the courts to ultimately bar the MKP from using its name and logo relies on the Trade Marks Act as a vehicle for this relief, which requires the matter to be taken to the High Court. The relief it seeks directly impacts on the political rights of the MKP and its members and potential voters. The political rights in section 19 are interlinked and give effect to our founding values in section 1(d), as well as other rights, such as the rights of association and dignity, and importantly, the right to vote, and the exercise of it, is a crucial working part of our democracy.
The ANC's right of recourse was an appeal or review to the Electoral Court to challenge the dismissal of its appeal lodged on 20 September 2023. The ANC chose the wrong forum to assert its rights, and this court has no jurisdiction.
The judgment explains that if the ANC prohibited the MK party from using the symbols and name, they could have done so by reviewing the decision of the IEC. These rights, as the judge stated, were authorized by the IEC in pursuance of, and in giving effect to, the provisions in section 19 of the Constitution. They cannot merely be wished away or invoked to the prejudice of the MKP.
In conclusion, the ANC's application to block the MK party from using the uMkhonto we Sizwe name and trademark was dismissed with costs, as the ANC failed to establish a clear right for final relief.
