In 2024, the court found that it had no jurisdiction to determine a trademark infringement suit as the ANC’s challenge was an electoral matter.
JOHANNESBURG - The battle of political trademarks continues as the African National Congress heads to the Supreme Court of Appeal in an attempt to overturn a decision by the KwaZulu-Natal High Court.
Thus, it would be guided by the Electoral Commission Act and adjudication be done by the electoral court.In papers, the former majority party submitted that neither the chief electoral officer, Electoral Commission nor the electoral court had the jurisdiction to determine a matter relating to the infringement of the Trade Marks Act nor passing off.
Section 16 of the Electoral Commission Act prohibits the chief electoral officer from registering a political party if the applying party’s name closely resembles the name, abbreviated name, mark or symbol of any other registered party to the extent that it may deceive or confuse voters.
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