This Content is for Subscribers Only
The African National Congress (ANC) will appear before the Supreme Court of Appeal (SCA) on 14 November 2025 in its appeal against the ruling on the ongoing trademark dispute with the uMkhonto weSizwe Party. The case centres on the use of the MK name and logo, which the ANC argues forms part of its liberation heritage and identity.
What Happened
The ANC approached the SCA after the KwaZulu-Natal High Court dismissed its application on 22 April 2024. That application had relied on the Trade Marks Act and the common law of passing off.
The party argued that the unauthorised use of its registered warrior logo and the historic name “uMkhonto weSizwe” created public confusion and exploited the goodwill built through decades of struggle.
On 8 August 2024, the High Court granted the ANC leave to appeal, recognising the legal complexity and the possibility that another court could reach a different conclusion.
Official Response
ANC leaders stressed that the case goes beyond technical legal arguments.
“This case safeguards a heritage built through sacrifice, discipline and unwavering commitment to the struggle for freedom,” the ANC said.
The party noted the legacy of uMkhonto weSizwe, which it founded on 16 December 1961 under leaders such as Oliver Tambo, Nelson Mandela, Moses Kotane, Moses Mabhida, Chris Hani, Joe Modise and Joe Slovo.
The ANC explained that its SCA submissions focus on the long-standing reputation of the MK name and imagery, the alleged unlawful appropriation, and the harm caused when a symbol of the liberation struggle is used without authorisation.
The party added that its case is grounded in law and historical fact.
“We remain confident in the merits of our appeal. The ANC respects the independence of the judiciary and will await the SCA judgment with discipline and composure.”
Community Impact
The dispute has drawn national attention because the MK name carries deep emotional and historical meaning. The ANC argued that protecting the MK brand preserves the integrity of the liberation movement and honours the memory of fighters such as Vuyisile Mini, Solomon Mahlangu, Barney Molokoane, Phila Ndwandwe and Makhosi Nyoka, among many others.
The final ruling of the SCA is expected to shape future political branding disputes and clarify how historical symbols may be used in contemporary politics.
