‘This battle is about voters, not trademark laws,’ says advocate Sikhakhane

uMkhonto weSizwe (MK) Party lawyer advocate Muzi Sikhakhane SC says the ANC’s legal fight over the name and logo of MK was “not a battle for a court. It’s a battle for a political mind,” he told Durban High Court on Wednesday.

He said that the battle was about electoral support by political parties and that this case was about voters, not trademark law. Sikhakhane said that if you examine the history of MK, it is the army of the people.

‘THE BATTLE IS ON THE WRONG BATTLEFIELD’ SAYS SIKHAKHANE

“The battle we are having today is on the wrong battlefield. It does not belong in the Electoral Court because that has been decided, nor here if you want. It’s a battle for political mind share, which no court can determine,” he said.
“That is what it is. This is not a battle for a court. It’s a battle for a political mind share and a legitimate battle; it happens to be in this court because South Africans tend to be an extension of political games. But it shouldn’t be,” Sikhakhane argued, according to Independent Online.

He said there was no dispute about the history of MK and that the ANC played a dominant role in giving political direction to the struggle in the 1960s.

“One of the notable characteristics of MK is that it was not a regular army; it consisted of combatants whose purpose was to protect the people, rather than the ANC, from the apartheid regime,” Sikhakhane said.
“It was an army that fought a people’s war. He said the ANC admits this army was not formed by one organisation. There is no sign, no evidence there was exclusive ownership,” he said.

‘IEC FAILED TO DO IT’S JOB,’ SAYS ANC LAWYER TO COURT

ANC lawyer advocate Tshidiso Ramogale told the court on Wednesday that the MK party cannot be allowed to have “free reign” to the name and logo of the ANC’s military wing.

He said the Electoral Commission of South Africa (IEC) failed to do its job on the matter at hand.

“What the Electoral Commission has done is to compare the logo of the ANC as it appears on the ballot against the logo of MK. But what it doesn’t do is to compare the trademark of the ANC against the logo of MK.hat is what this court is yet to do,” Ramogale said.

‘ANC ONLY WOKE AFTER ZUMA ANNOUNCED SUPPORT FOR MK PARTY,’ MPOFU

Advocate Dali Mpofu SC, who also represents the MK Party, said the ANC became aware of the registration of the MK party in June last year and only initiated legal action in court in January, six months later.

He said it was clear the ANC only woke after former president Jacob Zuma announced he would support the MK party.
“It’s clear that the real trigger is the announcement by former president Zuma in December. They woke up and brought this matter,” said Mpofu.

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