The ANC could be a step closer to halt the continued use of the uMkhonto we Sizwe (MK) name and logo by former president Jacob Zuma’s new political party.
The Durban high court has granted the ANC leave to appeal the matter to the Supreme Court of Appeal (SCA) as there appeared to be a “reasonable prospect of success” in the higher court.
Zuma’s party was a major disrupter in the May 29 polls, surging ahead to become the largest party in KwaZulu-Natal and the third largest nationally, after its formation just six months before the election.
The ANC lodged the case to appeal an April judgment by high court judge Mahendra Chetty, who dismissed its bid for an urgent interdict to prevent Zuma’s party from using the MK name and logo, which includes a warrior and a spear.
On Thursday, however, Chetty indicated that another court may come to a different conclusion to his own in the April case. “With these principles in mind and having heard arguments from counsel, I am satisfied that the appeal would have reasonable prospects of success as another court could differ from the view that I have reached,” he said in the judgment.
“The matter will have implications for the parties concerned and their members at a national level. I am therefore of the view that leave to appeal should be granted to the Supreme Court of Appeal.”
In the April case the ANC argued that the use of the name and logo of its erstwhile armed wing could confuse voters into believing that they were voting for the ANC, when in fact they were voting for a fully fledged opposition party.
The MK party is now the official opposition in parliament after the formation of the government of national unity (GNU), which includes the second-largest party in the country, the DA.
In his judgment granting the ANC the right to appeal, Chetty noted that the party had maintained in its application for leave to appeal that the use of its name and logo posed the risk of causing voter confusion.
The ANC had told the court that the use of the trademark was “deliberate” and was aimed at “deceiving the public” into believing that there was a “close association” between the two parties.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.