ANC and MK Party face off in court battle

The African National Congress (ANC) and the uMkhonto weSizwe Party (MK Party) will face each other before the Supreme Court of Appeal in Bloemfontein on Friday as both organisations continue their dispute over the use of the MK name and logo.

The hearing follows months of legal argument, public statements, and growing tensions between the two political rivals.

The MK Party said on Thursday that it views the ANC’s appeal as an attempt to block its growth and undermine its identity. MK Party national spokesperson Nhlamulo Ndhlela said the appeal shows that the ANC is struggling to accept political realities after the 2024 elections.

Ndhlela said the ANC was attempting to reverse a High Court decision that favoured the MK Party. “The Supreme Court of Appeal will hear the appeal brought by the ANC after it lost the application to stop the use of the MK Party name and logo. Before the 2024 elections, the ANC unsuccessfully invoked trade mark law in the Durban High Court. Judge Chetty dismissed the application but later granted the ANC leave to appeal,” he said.

Ndhlela said the ANC’s continued pursuit of the case reflected political motives. “The ANC appeal is an act of desperation and refusal to accept that it no longer represents the aspirations of our people,” Ndhlela said. He added that the MK Party believes its identity is valid and lawfully used, insisting that it will defend its right to operate under the name.

The ANC said the case is not political but about protecting history and preventing public confusion. ANC acting national spokesperson Nonceba Mhlauli said the organisation will present legal arguments to protect what it calls a historic symbol of the liberation struggle.

Mhlauli said the matter goes beyond the technical application of trademark rules. “This case is not about technicalities. It is about safeguarding a heritage built through sacrifice, discipline and unwavering commitment to the struggle for freedom,” she said.

She said the ANC founded uMkhonto weSizwe in 1961 and that its history should not be misused for political campaigning. “We approached the courts as the unauthorised use of the ANC’s registered warrior logo and the revered name uMkhonto weSizwe in political activities creates confusion among the public and exploits the goodwill built through decades of struggle,” she said.

According to the ANC, its case in the Supreme Court of Appeal focuses on proving the reputation attached to the MK name, the alleged unlawful appropriation by the MK Party, and the harm caused by the current use of the name in electoral politics. “Our case is firmly grounded in law, historical fact, and the need to preserve the integrity of a movement that founded and nurtured uMkhonto weSizwe,” Mhlauli said.

She said the ANC will respect whatever decision the court reaches. “We remain confident in the merits of our appeal. As always, the ANC respects the independence of the judiciary and the processes of the court,” she said.

The public is also closely watching the outcome. Many South Africans took to X to express their views on the dispute. One user wrote that political leaders should focus on national matters instead of internal disputes. Another user said the ANC should address issues affecting the country rather than the name battle.

Another commentator accused both parties of creating confusion, writing that the new MK Party and the ANC are fighting over a historic symbol while the public deals with pressing issues. Others mocked the dispute, saying the conflict has become a distraction from governance.

The Supreme Court of Appeal hearing is expected to provide clarity on who has the legal right to use the MK name and logo. Both parties have said they will await the decision and comment further once the judgment is delivered.