The ANC is preparing to fight the MK party for theft of its trademark.
The party says the battle is not personal, as former president Jacob Zuma is allowed to form a party, just not in their name.
“We have taken the MK party, which is our trademark, to court. We have got no problem with Zuma forming a political party, even if he names it after himself, we have no problem. But that they have taken the trademark of the ANC, we will challenge that,” said ANC secretary-general Fikile Mbalula.
“It's the same as when COPE was formed. We challenged that. We lost the case in court because we believed ‘congress of the people’ was the brainchild of the ANC, but we could not provide evidence that it was our trademark.”
The ANC wants Zuma's party to stop using the name Umkhonto we Sizwe, which was the military wing of the ANC that was disbanded in 1993. The ANC wants the court to prevent Zuma from using the name as it is the name of the MK Veterans' Association registered by the ANC for its veterans. They also want the party deregistered by the Electoral Commission of South Africa (IEC) for using a name associated with the governing party.
MK is a known trademark of the ANC, and we are challenging that in court. Nobody is going to threaten us against doing that.
— ANC secretary-general Fikile Mbalula
Supporters of Zuma's party have been “sending a clear message” to the IEC and the courts that should the ANC win its court battle or should their party not get a two-thirds majority in the elections, anarchy would prevail to the point “there will be no elections in the country”.
Mbalula poured cold water over threats of instability should the MK party not get its way, saying the rule of law must prevail.
“Now that the date of the elections has been announced and we are in full election mode, individuals and their political parties must be held accountable. We know the code of conduct and what it means. Some other people have been a problem here in the ANC and they have left with their anarchy and they are showing it elsewhere. Promoting lawlessness, anarchy, no sense of governability. The law must take its course and the IEC must act.
“No-one has got the right to threaten democracy in our country. If you've got problems and challenges, argue those like we are doing.”
Mbalula detailed the legal battle against the MK party, saying they seek to defend the governing party's assets.
“MK is a known trademark of the ANC, and we are challenging that in court. Nobody is going to threaten us against doing that.
“In April last year we won the case through the IEC against the registration of Umkhonto we Sizwe as a political party. It resurfaced, the claim is we did not oppose the gazette. But those things are tested in court.”
He said they were expected to appear in court twice on separate occasions to state their case.
“There are two levels in terms of the Umkhonto we Sizwe dynamic. We are challenging them for deregistration, and we are also taking them on in relation to our trademark. The first case will be next week Tuesday in Bloemfontein, the second one will be about March 27.”
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