Cope responds in name claim
by
2008-11-20 20:02
Johannesburg - The Congress of the People has refused to back down on an ANC claim to its name, lawyers for the about-to-be-formed party said on Thursday.
This came after Cope missed the noon deadline to return any branded items for destruction as the ANC attempts to protect what it considers its legacy.
"We received a refusal today, about 10 minutes ago," said the ANC's attorney Chris Job, chairperson of patent specialists Adams and Adams, on Thursday morning.
In response, the ANC plans to launch a second round of litigation next week, after the Pretoria High Court indefinitely postponed the ANC's challenge to Cope's first choice of name, the SA National Convention or Congress.
Name 'rooted in 1955 event'
The ANC argues that Cope's name is rooted in the 1955 event which led to the adoption of the Freedom Charter, that the party is known as "khongolose" in Nguni, and that their name - the third choice so far after SA Democratic Congress was found to belong to another party - may confuse voters.
Cope's lawyers deny this in a letter to the ANC and say the proposed court action is premature because there are other steps to follow.
They say the party should wait for the outcome of its complaint to the Independent Electoral Commission last week. The ANC could also oppose Cope's proposed registration of its trademark once the application has been advertised in the Patent Journal.
It could further object to the Registrar of Companies as provided for in the Companies Act, as its name has been registered as a Section 21 company.
'We will not comply'
"In view of the above, our client is not prepared to comply with any of the demands set out in your above letter and re-iterates that it will oppose any attempts by your client to interfere with its use of the name [Cope]," read the letter.
They would also oppose any urgent application on the grounds that the proposed name has been in the media for some time.
The ANC said it did not want to interfere with anyone's freedom of association, but felt it had to protect its history and political heritage.
"The current leadership of the ANC believes it has a responsibility to history, and to future generations, to prevent the landmark Congress of the People of 1955 being used to advance other people's political aspirations," read a statement.
Cope, established by former defence minister and ANC chairperson Terror Lekota, his former deputy Mluleki George and former Gauteng premier Mbhazima Shilowa intends launching in Bloemfontein on December 16.
A progress report was not immediately available from the IEC on the status of the ANC's complaint.