Background: The ANC’s Candidate Selection Process
The African National Congress (ANC) has a detailed internal procedure for choosing who will run in elections. Candidates are first shortlisted, then vetted, and finally approved by the party’s extended national executive committee. According to the ANC’s own rules, a name can only be removed from the final list if:
• The candidate fails the vetting process, or
• At least 90 % of the extended national executive committee votes to drop them.
What Happened With Andile Lungisa?
Andile Lungisa, a member of the ANC’s national executive committee, was announced as a possible mayoral candidate for Nelson Mandela Bay on 22 August. The party finalised its election list with his name on it around 27 August.
On the morning of 28 August, just hours before the Independent Electoral Commission (IEC) deadline at 5 p.m., Lungisa discovered that his name had been removed from the list.
Mbalula’s Reason for Removal
ANC secretary‑general Fikile Mbalula sent Lungisa a note saying he had missed vetting and biometric fingerprinting, and demanded proof that his criminal record had been expunged. Lungisa told the court that Mbalula had instructed officials to take him off the list, claiming he would cause “problems” if allowed to stand.
The Court’s Decision
Judge NP Mali of the Johannesburg High Court heard Lungisa’s challenge and ruled on Friday:
• The removal was unconstitutional, unlawful and invalid.
• Mbalula acted alone, which the ANC’s rules do not allow.
• The party must restore Lungisa’s name to its internal list immediately and pay his legal costs.
The judge emphasized that a final list cannot be changed by a single office‑bearer on the eve of a deadline. Allowing that would weaken the safeguards the ANC built into its own procedures.
Why the Judge Found Lungisa’s Side Credible
Evidence showed Lungisa had attended the vetting session. The ANC’s documents did not explain what part of vetting he missed, who could disqualify him, or which rule gave Mbalula the power to act solo. Because the party failed to present a clear factual basis for its decision, the court sided with Lungisa.
Impact on the November 4 Elections
The ruling came too late to put Lungisa back on the ballot for the November 4 local government elections. However, the judge ordered that his name be placed on any supplementary list the IEC might call for after the vote, should the ANC win fewer seats than there are positions to fill.
What This Means for Political Parties
The judgment reinforces two important ideas for teens interested in politics and democracy:
• Parties must follow their own rules.
• Internal candidate selection processes are part of exercising political rights and must be transparent and fair.
When a party’s leader tries to bypass set procedures, courts can step in to protect the integrity of the electoral process.
Conclusion
The High Court’s ruling shows that even powerful party officials cannot change election lists unilaterally. Andile Lungisa’s name must be reinstated in the ANC’s internal records, and the party will cover his legal costs. While Lungisa cannot appear on the November 4 ballot, the decision sets a clear precedent: political parties in South Africa must respect their own constitutions and the democratic principles that underlie them.
