The ANC, according to political analyst Goodenough Mashego, “shot itself in the foot” by neglecting to safeguard its intellectual property.
On Monday, the Durban High Court is set to rule on the order made by the ruling party in opposition to the MK party’s use of the name uMkhonto WeSizwe and its insignia.
The ANC asserts that it is the creator of the uMkhonto weSizwe Party.
The MK party was established in December of last year and has the support of former President Jacob Zuma.
One of the first things the ANC was meant to do after returning from exile was to register patents, trademarks, and copywrites, so Mashego found it surprising that over 30 years later, a party with so many lawyers in its ranks—including Nelson Mandela, Penuell Mpapa Maduna, and Mathews Phosa—was fighting over a patent.
“They were supposed to be the trademark holders of things like Umrabulo, uMkhonto weSizwe, and the Spear, and they wouldn’t have to be in court arguing about the heritage part of the branding and its potential.”
Mashego said that the MK party’s election campaign is being inadvertently assisted by the ANC.
“I believe that fighting those issues is not benefiting them; instead, they ought to be concentrating on their election campaign. Instead, because the MK party is relatively new and we will be discussing the uMkhonto weSizwe party tomorrow due to their court appearance, they are focusing a lot of attention on it.”
The ANC, according to Mashego, must realize that the law is applicable whenever it is convenient for them.
“They assert that many of the liberation songs are theirs because they were written in MK camps, but we did not witness the African National Congress (ANC) stepping up to defend Julius Malema’s use of the song “Kill the Boer” when he was taken to court because it is one of the songs they will later claim when it is used commercially. Thus, the ANC must come to understand that you cannot choose which wars to fight.”
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