African National Congress v MK Party: Trademark Appeal before the Supreme Court of Appeal

By Ivan Ka-Mbonane and Himesh Bhana

On 14 November 2025, the Supreme Court of Appeal (SCA) will hear the African National Congress’s (ANC) appeal against the High Court’s dismissal of its intellectual property application. The High Court in Kwa-Zulu Natal delivered judgment on 22 April 2024, granting leave to appeal to the SCA on 8 August 2024. The appeal involves the ANC’s claims of trademark infringement and passing off against the uMkhonto weSizwe Party (MK Party).

This intellectual property dispute in the political arena could affect the MK Party’s identity.

The ANC’s trademark claim centres on the MK Party’s alleged use of a mark similar to the ANC’s uMkhonto weSizwe “warrior logo”. The ANC’s mark depicts a stylized figure holding a spear and shield, linked to its military wing formed in 1961. The ANC seeks relief under section 34 of the Trade Marks Act, alleging the MK Party’s mark – featuring a comparable warrior figure on a green background – is used for similar services and risks confusion or unfair advantage to the ANC’s well-known mark.

The ANC also claims passing off, arguing the MK Party’s use of the name "uMkhonto weSizwe” misrepresents a connection to the ANC’s goodwill.

In its papers, the ANC points to the marks’ 60-year history in ANC contexts like oaths and publications; visual, aural and conceptual similarities; unauthorised use in MK Party rallies and merchandise; and potential damage to ANC goodwill.

The MK Party argues that the marks are distinguishable, and that trademark law does not apply to political parties citing Electoral Commission jurisdiction, ANC delays in contesting the alleged infringement, and constitutional political rights.  

The SCA will consider the balance between trademark rules and election laws, well-known trademark standards, and passing off in a political context.

If the ANC succeeds, the SCA could restrain the MK Party’s use of the mark and name "uMkhonto weSizwe" or "MK", requiring rebranding and material updates ahead of the 2026 elections. In addition, it may lead the Electoral Commission to update symbol verification protocols.

Further updates will follow as the hearing nears.