The KZN High Court (Durban) has granted the ANC leave to appeal against an order dismissing its trademark infringement case against the MKP.

Justice Mahendra Chetty on Thursday delivered the judgment granting the ANC a pathway to continue its bid to ban the MKP from using the same name as and a logo the party claims bears resemblance to that of the ANC’s disbanded military wing, a TimesLIVE report says.

Chetty had initially dismissed the ANC’s case on the basis that the party did not contest the matter at the inception of the registration of the MK Party.

‘I am satisfied that the appeal would have reasonable prospect of success, as another court could differ from the view that I have reached including those relating to jurisdiction.'

‘Leave to appeal against the whole of the order of the judgment of this court is granted to the Supreme Court of Appeal,’ Chetty’s judgment read.

Last week, the ANC argued during an application for leave to appeal against the court’s April ruling that the party had a reasonable prospect of a different outcome on appeal and believed it deserved an order barring Jacob Zuma’s MKP from using its registered name and logo.

Judge Chetty agreed. 

‘The matter will have implications for the parties concerned and their members at a national level,’ Chetty ruled.

Full TimesLIVE report

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