The African National Congress (ANC) has served legal papers on Mosuioa Lekota’s breakaway party for using the name Congress of the People (Cope), officials said on Tuesday.
The papers include a demand that all promotional material bearing Cope’s name must be delivered to the ANC for destruction, said ANC spokesperson Carl Niehaus.
”We served legal papers on Cope in the form of a lawyer’s letter, which was sent to their attorneys yesterday [Monday],” he said.
The letter states: ”We believe we enjoy common law in and to the name Congress of the People.”
The ANC argues that the Congress of the People in 1955 was a ”seminal, historical event” organised by the ANC and its congress alliance partners.
The Freedom Charter was adopted at this event.
Niehaus said the ANC was also concerned about the fact that ”in many political circles, the ANC is commonly referred to as the Congress of the People”.
Also, the Nguni translation of the ANC is ”khongolese”, which means congress.
”The consequence of this is that there will be serious confusion,” reads the letter.
It requests Cope to ”stop using the name, withdraw the trademark applications that have been made [and] cease from registering their Section 21 company under that name”.
The letter asks Cope for an undertaking in writing that it would not use the name or any similar names and that no promotional or advertising material bear the name.
The ANC ”requests delivery of all material in their possession for destruction”.
The undertaking not to use the name must be made by Thursday November 20.
”If they do not abide by this we will be entitled to institute urgent high court proceedings,” said Niehaus.
He said a copy of the letter had been sent to the Independent Electoral Commission (IEC).
”We have now also registered our objection at the IEC,” said Niehaus.
If the IEC decides the name Cope causes confusion and refuses its application to register for elections, the ANC will not need to go to court.
Cope spokesperson Smuts Ngonyama, who resigned from the ANC last week, confirmed that the party had been served with legal papers.
Ngonyama said it would ”definitely” continue to use the name Cope.
”They [Cope’s lawyers] will definitely be giving attention to it,” said Ngonyama.
Ngonyama — former ANC chief of communications — said last week he had resigned because he was no longer able to ”tolerate or embrace” the recent disrespect of authority in the party.
Ngonyama is the latest of a slew of ANC members who have left the party to join the Cope.
”It is imperative … that I continue to contribute towards the development of South Africa and should do so where I will be able to make the maximum impact,” Ngonyama said at the press conference, which was also attended by former Gauteng premier Mbhazima Shilowa.
”I now believe that the Congress of the People is a welcome addition to our political landscape. We have the opportunity to ensure that the dream of non-racialism, non-sexism and a united, prosperous South Africa remains within our reach.”
ANC condemns intimidation
Meanwhile, the ANC’s top leadership on Tuesday condemned reports of political intimidation by its supporters in Verulam near Durban last week.
”The NWC [national working committee] noted reports of political intolerance over recent days. The ANC strongly condemns all forms of political intolerance, intimidation or violence,” it said in a statement.
”It will act against any ANC members who are found to be engaging in such activity.
”This is a matter that the ANC will continue to monitor closely, and will take whatever steps necessary to stamp out such practices. It urges other political parties to take a similarly firm line.”
The statement comes after party supporters disrupted a Cope meeting in Verulam, Durban, at the weekend.
Apparently ANC members had been informing of the meeting where Cope leader Mosiuoa Lekota was expected to speak.
”The NWC expressed concern about an incident in Verulam in KwaZulu-Natal where members of an ANC branch were sent text messages inviting them to attend a meeting convened under the banner of the grouping headed by Mosiuoa Lekota and Mbhazima Shilowa.
”The ANC urges all parties to desist from provocative and opportunistic actions of this sort,” the NWC said.
The Mercury newspaper reported on Friday morning that about 50 Cope supporters had gathered at a hall to hear Lekota speak when about 200 ANC members stormed the hall in Verulam, north of Durban.
It said that the supporters, most of whom were wearing t-shirts bearing ANC president Jacob Zuma’s picture and brandishing Zuma banners, burst into the hall and toyi-toyied, preventing the meeting from starting.
The ANC members, who were transported to the venue in bakkies, threw plastic chairs at the Lekota supporters and ripped Cope posters from the walls.
According to the paper, the groups confronted one another, but senior Cope leaders, including former ANC national executive committee member Phillip Mhlongo, calmed their supporters down and prevented a clash.
Mhlongo told the Mercury that Lekota was in the immediate vicinity, but did not arrive at the hall because of the security risk. – Sapa