Former President Jacob Zuma's uMkhonto weSizwe Party's (MKP) strategy behind the use of the MK logo is to stir confusion and the ruling party wants the posters taken down, while the MKP argued that the ANC doesn't even own the uMkhonto weSizwe trademark.

It has been reported that these were the arguments advanced by both parties in the alleged copyright infringement case brought by the ANC before the KZN High Court (Durban) yesterday.

A strong police contingent was deployed to the court precinct where about 6 000 supporters from both camps congregated.

The Mercury reports that Zuma, who is leading and campaigning for the MKP, was in court and addressed supporters who had gathered outside.

The ANC also had its supporters at court. They were addressed by ANC secretary-general Fikile Mbalula.

Full report in The Mercury

Advocate Gavin Marriott, for the ANC, charged that the MKP sought to create voter confusion ahead of the elections, while Advocate Dali Mpofu SC, for the MKP, said the ANC doesn't even own the trademark of uMkhonto weSizwe to begin with.

Business Day reports that the hearing follows a ruling on Tuesday by the Electoral Court, which dismissed the ANC’s bid to have MKP deregistered as a political party.

MKP was registered as a political party in September, along with the approval of its logo. It has been a thorn in the side of the governing party since Zuma’s endorsement in December. 

The ANC’s bid to appeal against the use of the logo was dismissed by the Electoral Commission, forcing the governing party to head to the High Court.

News24 reports that Judge MR Chetty asked Marriott ‘what is the ANC seeking?’

Marriott said the opposition party should not be able to use the logo and not be entitled to use the name uMkhonto weSizwe. He argued that because the newly formed MKP did not have a history of its own, it sought to dilute the history of the ANC to appeal to voters.

The judge asked whether the ANC wants the MKP to take down all of its posters and return to the IEC to rename the party.

Marriott responded in the affirmative.

Full Business Day report

Full News24 report