The ANC has argued that the conclusion of the 2024 elections does not resolve its trademark dispute with the uMkhonto weSizwe (MK) party.
The ANC says the high court's judgment is still appealable since its case was not struck from the roll.
The KwaZulu-Natal High Court in Durban on Thursday heard the ANC’s leave to appeal the application of a previous judgment in favour of the MK party. “So, the fact that your lordship didn’t consider that particular issue does not mean that it is not appealable,” the advocate said.’s argument that the case was moot now that the May 29 election had passed, insisting that the trademark infringement was ongoing.The advocate highlighted that future events, such as elections and party conferences, will involve the use of the MK logo and name, which will “erode the goodwill” enjoyed by the ANC.
“That has never happened before and with respect on that basis alone; we submit there is at least a reasonable prospect that another court would differ with you on that.”Judge Mahendra Chetty clarified that his ruling pertained to jurisdiction, indicating that the Electoral Court was the appropriate venue for the case.Chetty noted that the ANC was effectively asking him to split the case.
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