ANC 'shot itself in foot' with MK trademark: analyst

A ruling is expected in the Durban High Court on Monday on the ruling party's application challenging the use of the name uMkhonto WeSizwe and symbols by the MK party.

The ANC claims that uMkhonto weSizwe Party is its brainchild.

The MK party, which is endorsed by former President Jacob Zuma, was launched in December last year.

READ: MK Party can find new name and logo, ANC tells court

“For a party that used to have so many lawyers amongst its ranks like Nelson Mandela, Penuell Mpapa Maduna and Mathews Phosa, over 30 years later to be fighting over a patent is surprising because one of the first things that the ANC was supposed to do after coming back from exile was to register patents, trademarks and copywrites," said Mashego.

“Things like Umrabulo, uMkhonto weSizwe and the Spear were supposed to be trademarked to them and they would not have to be in court trying to reason about the heritage potential and heritage part of the branding."

Mashego said the ANC is unintentionally boosting the MK party's election campaign. 

“I think their contest of those things is not helping them because they should be focusing on campaigning for the upcoming elections. Instead, they are giving so much attention to the MK party, which is fairly new because tomorrow we will be talking about uMkhonto weSizwe party since they will be in court."

Mashego said the ANC needs to understand that the law does not only apply when it suits their needs. 

“They claim that a lot of the liberation songs belong to them because some of them were composed in MK camps, but when Julius Malema was dragged to court for the use of the ‘Kill the Boer’ song, we did not see the ANC coming out to defend the use of the song because that’s one of the songs that they will claim later when someone uses it commercially. So, the ANC needs to learn that you cannot pick and choose your battles."

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