The ANC's bid to block Jacob Zuma's new MK Party from using the uMkhonto we Sizwe name and trademark has been rejected by the KwaZulu-Natal High Court, just over five weeks before the May 29 elections. The court ruled that the ANC's application was 'self-created', pointing a finger at the Secretary-General, Fikile Mbalula.

The KwaZulu-Natal High Court has dismissed with costs the ANC's attempt to prohibit Jacob Zuma's MK party from using the names and symbols of its disbanded anti-apartheid military wing.

The judgment, delivered at the Durban court on Monday, allows the recently-established MK party, led by former president Jacob Zuma, to use the "uMkhonto we Sizwe" name and symbols.

"In the result, on the merits, I am not satisfied that the ANC has made out a case for the injunctive or consequential relief sought. It failed to establish a clear right for final relief, either to the name or to the use of its registered mark [...] In light of the conclusions I have reached on the issues of lack of urgency, absence of jurisdiction, and non-suiting the ANC in this court, as well as finding on the merits of the matter, the application falls to be dismissed," the judgment reads.

The court highlighted that the ANC only raised concerns about the use of the name and symbols when Zuma publicly announced his support for the MK party, questioning the party's earlier inaction despite being aware of the party's registration status.

The judgment also criticized the ANC's delayed application, attributing it to the party's Secretary-General, Fikile Mbalula, stating, "There would have been no conceivable reason why Mr Mbalula, as the Secretary-General, could not have acted more swiftly and with greater promptitude..."

Furthermore, the court ruled that the ANC should have sought recourse through the Electoral Court rather than the Trade Marks Act, as the matter directly impacted the political rights of the MKP and its members.

The ruling comes after the Electoral Court previously dismissed the ANC's attempt to have the MK party deregistered and the MK party's successful bid to have Zuma included on their Parliamentary list.

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