By REGINALD KANYANE
14 November 2024- The African National Congress (ANC) said today it will appear before the Supreme Court of Appeal (SCA) in its appeal concerning the ongoing trademark dispute with the uMkhonto weSizwe Party. The party said this case is not about technicalities.
The ANC national spokesperson Mahlengi Bhengu said it is about safeguarding a heritage built through sacrifice, discipline and unwavering commitment to the struggle for freedom. Bhengu said uMkhonto weSizwe is the people’s army founded by the
ANC on 16 December 1961 under the leadership of Oliver Tambo, Nelson Mandela, Moses Kotane, Moses Mabhida, Chris Hani, Joe Modise and Joe Slovo.
“It carries the memory of freedom fighters such as Vuyisile Mini, Solomon Mahlangu, Barney Molokoane, Phila Ndwandwe, Makhosi Nyoka and countless others who paid the ultimate price in the struggle for liberation. On 22 April 2024, the KwaZulu-Natal High Court dismissed the ANC’s application brought under the Trade Marks Act and the common law of passing off.
“We approached the courts as the unauthorised use of the ANC’s registered warrior logo and the revered name “uMkhonto weSizwe” in political activities creates confusion among the public and exploits the goodwill built through decades of struggle. On 8 August 2024, the High Court granted leave to appeal, acknowledging the importance and complexity of the issues at stake, as well as the prospect that another court might reasonably reach a different conclusion,” she said.
Bhengu further said in the SCA, the ANC’s submissions address the well-established reputation of the MK name and insignia, the unlawful appropriation of the mark, and the prejudice caused when a symbol of our liberation struggle is used without authorisation. She added that their case is firmly grounded in law, historical fact and the need to preserve the integrity of a movement that founded and nurtured uMkhonto weSizwe.
“We remain confident in the merits of our appeal. As always, the ANC respects the independence of the judiciary and the processes of the court. We will await the judgment of the SCA with discipline and composure, and will comment further once the Court has delivered its decision,” said Bhengu.
The Guardian 