Dismissal of ANC trademark case a ‘vindication’: MK party
The founder of the uMkhonto weSizwe party, Jabulani Khumalo, believes the courts have vindicated them after the Durban High Court dismissed the ANC's trademark case with costs.
Speaking outside the court on Monday, Khumalo said they were delighted by the outcome.
"I am over the moon. I am happy that the ANC has been shown that they can't fight the MK, we are unstoppable whether they like it or not they must just forget it."
But ANC is not backing down yet.
Secretary-General Fikile Mbalula said the party will appeal.
The ruling party had accused the MK party of violating the Trademarks Act by using a name and logo similar to that of the ANC’s disbanded MK military wing.
The ANC argued that using the name would lead to voter confusion in the upcoming elections.
Speaking at a hastily convened press conference, Mbalula said the ANC strongly disagrees with the ruling delivered by acting Judge Nicolette Beket.
He said they are willing to take the matter to the Constitutional Court.
"He simply said that this matter does not belong here it belongs in the Electoral Court. That is something that is not a fact, it is a matter that we will challenge in terms of an appeal and we don’t intend to argue with the judge otherwise, but to take the matter further in terms of the trademark issue."
Mbalula added that the ANC chose not to challenge the registration of the MK party in the interest of democracy.
"We went to the Electoral Court and challenged the deregistration of uMkhonto weSizwe, and it was dismissed technically because we did not oppose the matter. We intend to contest the matter, but we chose not to. We could have appealed that decision, but we chose not to for political reasons."
