The Battle Over the MK Party Name and Logo: ANC’s Loss and What It Means

In a significant legal blow to South Africa’s ruling African National Congress (ANC), the Durban High Court has ruled against the party’s bid to prevent a new party, uMkhonto we Sizwe (MK), led by former President Jacob Zuma, from using the name and logo of its former armed wing.

The ANC had argued that MK’s use of the name and logo breached trademark law, but the court disagreed, allowing MK to continue using the name, which translates to Spear of the Nation. This decision is a notable victory for MK, especially with the upcoming general election on 29 May.

Supporters of Jacob Zuma erupted in cheers and chants in the courtroom following the judgment. However, the ANC has stated its intention to appeal against the ruling. Last month, the ANC suffered another legal setback in its attempt to prevent MK from participating in the election, arguing that it had not met the official registration criteria.

The Symbolism of MK

The name and logo of MK hold immense political significance due to the role of its now-defunct armed wing in the struggle against white-minority rule in South Africa. While the new MK party may not have a significant chance of winning the election, it is likely to dent the ANC’s dominance, potentially leading to the ANC losing its outright majority in parliament for the first time since the end of apartheid in 1994.

Jacob Zuma, a former ANC stalwart and president of South Africa from 2009 to 2018, was forced from power amid corruption allegations, which he denies. The MK party, launched in December, has gained substantial support, particularly in KwaZulu-Natal, Zuma’s home province.

Visvin Reddy, the provincial leader of MK in KwaZulu-Natal, described the court ruling as the best possible news for the party. He emphasized that the ANC’s legal challenges demonstrated their fear of the emerging party.

In his ruling, Judge Mahendra Chetty stated that the ANC’s case was more suitable for an electoral court, not the high court. He also noted that settling disputes about events that occurred nearly 60 years ago, such as the rightful ownership of the name uMkhonto we Sizwe, was beyond the scope of the high court.

Regarding potential confusion among voters, Judge Chetty expressed confidence that there would be none, stating that the ANC’s trademark over the MK symbol was registered for specific activities, not political use.

However, ANC Secretary-General Fikile Mbalula emphasized that the trademark was about legacy and announced the party’s intention to appeal the ruling to prevent what he described as the “unlawful use of the ANC’s trademarks, symbols, and heritage by Mr. Zuma’s party.”

Recent Developments and Legal Challenges

Recently, an electoral court overturned a ban by the electoral commission on Jacob Zuma’s candidacy for a parliamentary seat. This decision came after Zuma’s legal team argued that his sentence of 15 months in jail, imposed in 2021 for failing to testify in a corruption investigation, had been canceled due to a remission of sentence granted by President Cyril Ramaphosa. The electoral commission has appealed this decision to the Constitutional Court.

In conclusion, the legal battles surrounding the MK party’s name and logo represent a significant clash between the ANC and its former leader Jacob Zuma. The outcome of these legal disputes may have far-reaching implications for South Africa’s political landscape, particularly as the country approaches a crucial election.