Governing party the ANC and the newly formed breakaway organisation uMkhonto weSizwe (MK) Party, led by former president Jacob Zuma, have scored their own goals after the owner of the MK logo broke his silence to The Star during the Easter weekend.
Mangisi Khumalo says he is the rightful owner of the logo being disputed by the two parties in court.
Khumalo, with documents, authenticated by law firm Adams and Adams, in hand proving that he registered the logo, wants any of the two parties to negotiate with him.
The Star, recently reported that neither the ANC nor the MK Party could prove to court that they could claim the trademark because they both had not registered it as a trademark – instead it was registered by the Legacy Project.
Speaking exclusively to The Star, Khumalo said he was waiting for the law to take its course because he had the papers and was willing to have a conversation with any of them.
“It’s my papers. I’m watching in awe as to what they are doing, this is a commercial document. I love my country … they should come to me … it’s none of theirs,” Khumalo said.
Asked why he had been quiet for so long, he said he did not have a time frame.
“Those who want to prove they have the documents must prove it. Let people say what they want to say. Litigation works,” he said.
A letter, seen by The Star, showing the logo trademarked as number 2014/22089, from Adams and Adams, states: “Dear Mangisi Khumalo, we have pleasure in registering the certificate with a spear and shield device.”
Speaking to The Star, the MK Party spokesperson Nhlamulo Ndlela did not want to comment.
ANC spokesperson Mahlengi Bhengu-Motsiri did not pick up her phone nor respond to text messages.
Supporter of Zuma, Tebogo Sithathu, claiming to be the chairperson of the Legacy Project, speaking to The Star, said Khumalo was the person he was supposed to speak with about the matter, but never got anywhere with it.
In a statement by Sithathu since proven to be fake, it said that he was the legal owner of the uMkhonto weSizwe trademark and not the ANC.
In court last week, the ruling party’s legal team led by advocate Gavin Marriott first presented its arguments as the plaintiff in the matter.
Marriott argued that traditionally the name uMkhonto weSizwe and the logo of the spear were its property, so the court must direct the MK Party to stop using it on the ballot. The ANC further said the use of the name and logo by the MK Party would confuse voters on voting day.
In response, MK Party legal representative Dali Mpofu argued that the ANC could not claim the name since it did not own it as it was now known that it belonged to the Legacy Project. He also raised the issue of jurisdiction as well as locus standi.
On jurisdiction, Mpofu said the ANC first raised the trademark infringement issue with the Electoral Commission of South Africa (IEC); then abandoned it and ran to the Durban High Court. The ANC could have gone to the Electoral Court since it was dealing with an election matter.
Mpofu’s second point was the locus standi, saying the ANC had no right to take this matter to court since the legal owners were the Legacy Project.
After the break, advocate Muzi Sikhakhane argued that it was ridiculous to think that voters would confuse Cyril Ramaphosa’s face on the ballot with whoever would be the face of the MK Party.
The Star