|
JOBS | TENDERS | DATING |
|
|
THE SMART NEWS SOURCE | Feb 09 2012 05:26 | LAST UPDATED Feb 09 2012 05:26 |
|
The African National Congress (ANC) still intends to pursue court action against Mosiuoa Lekota's breakaway party for naming itself "Congress of the People" (Cope), while the Mail & Guardian can reveal that Cope has enlisted the services one of the country's top advocates for the fight. Cope rejected ANC demands that it stop using the name because it forms part of the ANC's history and heritage. The Freedom Charter was signed during the Congress of the People in 1956 In a defiant letter sent to the ANC's lawyers, Adams and Adams, Cope says it has hired advocate Wim Trengove to defend its name, and warns the ruling party that it will challenge the urgency of the court action. "The name Congress of the People, and the adoption thereof as the proposed name of a new political party was publicly announced as long ago as 9 November 2008 … it is therefore not clear why your client regards the matter as urgent," says the letter from Cope's lawyers. The letter goes on to deny that the matter should be heard by the courts on an urgent basis and warns: "we wish to point [out] that our client has been advised extensively in the earlier urgent application, and now in this matter by Wim Trengove SC and Reinard Michau". It would therefore, the letter continues, "be prejudicial to our client to obtain the services of different counsel in this matter". The ANC is expected to argue in court papers that the name "Congress of the People" is owned by the ANC and has thus gained goodwill which is protected under the common law. "Our instructions are to proceed with the application," said ANC trademark and patent lawyer Chris Job. He added that he expects the action to be on the high court roll some time in December. On Thursday morning the Pretoria High Court postponed indefinitely the ANC's other court application, which sought to stop Cope from using the names "South African National Congress or Convention".  CONTINUES BELOW Job told the Mail & Guardian that the high court application had, in essence, become moot. He added that the parties would now argue "next year" about the issue of legal costs. TOPICS IN THIS ARTICLE
comment guidelines
|
Client Media Releases
IN THIS WEEK'S PAPER
SUBSCRIBE: - Paper edition - iPad edition (NEW!) - Kindle edition - Digital edition Read stories online  @mailandguardian - Top stories & newsflashes @NicDawes - M&G editor Nic Dawes @ChrisRoperZA - Editor, M&G Online @amabhungane - M&G Centre for Investigative Journ @mgfeed - Our whole news feed Advertisements |
Contact Us | About Us | Story Tip-offs | Social media policy | Online Advertising | Print Advertising | Subscriptions | Topics A-Z | Mobile Sites | Privacy Policy | RSS Feed
All material © Mail & Guardian Online. Material may not be published or reproduced in any form without prior written permission.
 |
 |