The ANC has argued, through its legal counsel, that the Electoral Court does not have the jurisdiction to hear the matter relating to the infringement of the Trademark Act.
Advocate Tshidiso Ramogale relied on the Electoral Commission Act in assessing the jurisdiction that the Electoral Court and the IEC have.
The ANC has hauled the uMkhonto weSizwe party to court accusing it of being in violation of the Trademarks Act by using the name and logo similar to that of the disbanded uMkhonto weSizwe military wing.
Ramogale argues that the Durban High Court is the appropriate forum to ventilate the matter.
“The point we simply make is the assessment made by the Electoral Commission when there is a dispute about a mark only concerns the registration of the party. It does not concern the lawful use of that particular mark by the party and the lawful use in this particular instance where there is in fact, a trademark question cannot be an issue that is decided by the Electoral Court or the Commission.”
