South Africa's African National Congress (ANC) has lost a legal bid to stop a new party from using the name and logo of its former armed wing.

Just hours ago, a significant legal decision was made in Johannesburg, as reported by Lucy Fleming for BBC News. The African National Congress (ANC), South Africa's ruling party, faced a setback when the Durban High Court ruled against its attempt to prevent a new political entity from adopting the name and emblem of its historical military branch.


The ANC contended that the party, led by former President Jacob Zuma and named uMkhonto we Sizwe (MK) - meaning Spear of the Nation - was infringing on trademark rights. However, the court's decision favored MK, marking a crucial triumph for them before the general election scheduled for May 29.


The verdict was met with jubilation among Mr. Zuma's followers, who celebrated in the courtroom.


Despite this loss, the ANC plans to challenge the court's decision, continuing a series of legal struggles. Previously, the ANC's efforts to disqualify MK from the upcoming election were thwarted, citing non-compliance with registration standards.


The dispute over the MK moniker and insignia is deeply rooted in the country's history, symbolizing the struggle against apartheid led by the now-defunct armed faction.


Although the newly formed MK party is unlikely to secure an electoral win, its presence could potentially harm the ANC's longstanding dominance, threatening its majority in parliament for the first time since apartheid ended in 1994.


Mr. Zuma, an ANC veteran and former member of its armed division, served as the nation's president for nearly a decade until 2009. His presidency ended amid corruption charges, which he denies, leading to his replacement by the current President, Cyril Ramaphosa.


Visvin Reddy, a regional MK leader in KwaZulu-Natal, expressed elation over the court's ruling, interpreting the ANC's legal actions as a sign of fear.


Judge Mahendra Chetty's extensive 42-page decision emphasized that such historical disputes over names and symbols are more appropriately addressed in an electoral court rather than the high court.


The judge also noted that the likelihood of voter confusion at the polls was minimal, given that the ANC's trademark registration for the MK symbol pertained to educational and cultural activities, not political endeavors.


Nonetheless, ANC Secretary-General Fikile Mbalula insists that the trademark represents the party's legacy, vowing to appeal the ruling to safeguard the ANC's trademarks and heritage from unauthorized use by Mr. Zuma's faction.


In a related legal development, an electoral court recently overturned a ban on Mr. Zuma's parliamentary candidacy, despite a constitutional provision prohibiting individuals convicted of serious crimes from holding public office. Mr. Zuma had been sentenced to prison for contempt of court in a corruption case but served a reduced term due to health considerations and a sentence remission granted by President Ramaphosa.


While the electoral court's rationale for its decision remains undisclosed, Mr. Zuma's legal team argued that the sentence remission effectively nullified his conviction.


The electoral commission has responded by urgently appealing to the Constitutional Court to reverse the electoral court's decision.


This political saga continues to unfold, with implications for South Africa's democratic processes and the legacy of its political figures.