The African National Congress’ (ANC) legal counsel has sought to highlight the historical links that existed between the governing party and the uMkhonto we Sizwe (MK) name.
Advocate Gavin Marriot says the goodwill of the name is with the governing party.
The ANC has hauled the MK party to the Durban High Court over its use of the name and accuses the new party of being in violation of Section 34 of the Trade Marks Act.
The governing party adds that the unauthorised use of which the trademark is registered is identical or closely resembles the trademark as to be likely used to deceive or cause confusion.
Marriot says the history of the ANC and uMkhonto we Sizwe and its formation are an indication of the way the military wing was under the control of the ANC.
He says, “Its idea was that a military movement should be a separate and independent organ linked to the ANC and under the overall control of the ANC, but fundamentally autonomous. That is the position and there are two important elements of it.”
“First is the link to the ANC and the second is under the control of the ANC and that is why we submit that the goodwill that vests in the uMkhonto we Sizwe name and mark vests in the ANC because it was the organisation that always exercised control over the actions of uMkhonto we Sizwe.”
Leaders of the ANC and the MK are expected to address their members outside the Durban High Court.
Former President Jacob Zuma, who has confirmed his backing of MK and the ANC Secretary-General Fikile Mbalula are among the party leaders at the court.
MK members and supporters dressed in party regalia have turned out in their numbers.
Live stream: ANC vs MK on logo and name:
Additional reporting by Fanele Mhlongo and Minoshni Pillay
