ANC’s Legal Battle Over Candidate Lists
The African National Congress (ANC) is facing a court challenge that could hurt its chances in the November 4 local government elections. The party’s secretary‑general, Fikile Mbalula, warned that if the Constitutional Court does not overturn an earlier ruling, the ANC’s performance may suffer.
What the Dispute Is About
The ANC asked the Electoral Court to reinstate 181 candidates who were left off the ballot papers. These candidates belong to six municipalities:
- Port St Johns
- Ngquza Hill
- Walter Sisulu
- Sundays River Valley (all in the Eastern Cape)
- uMshwathi (KwaZulu‑Natal)
- Mangaung (Free State)
The party claims it submitted the candidates’ details before the August 28 deadline using the IEC’s online system.
Why the Electoral Court Said No
Last month the Electoral Court dismissed the ANC’s appeal. Judges decided that merely entering the information online did not count as a formal submission because the final step—confirming and locking the list—was never completed. Without that step, the IEC could not treat the data as an official entry.
ANC’s Hope for the Constitutional Court
Mbalula said the party is optimistic about a favourable outcome at the Constitutional Court. He stressed that the ANC is not asking for anything unlawful; it simply wants the IEC to recognise what it believes was already delivered.
“Should it not be successful, of course it will have a negative impact, and that’s not what we are hoping for,” Mbalula said. He added that the dispute could have been settled earlier by the electoral commission itself, without needing court intervention.
Impact on Upcoming Elections
If the Constitutional Court sides with the IEC, the 181 excluded candidates will stay off the ballots. That could reduce the ANC’s presence in the affected municipalities and potentially lower its vote share there.
Other Legal Issues in the Eastern Cape
Alongside the candidate‑list fight, the ANC is dealing with separate litigation in the Eastern Cape concerning its internal processes.
- Party members have challenged the legitimacy of branch meetings held before a provincial elective conference that was later interdicted.
- The KuGompo High Court ordered the ANC and Mbalula to hand over electronic membership data and branch attendance records.
Mbalula’s Response to Collapse Claims
Mbalula rejected suggestions that these legal battles mean the ANC is falling apart in the province.
“We do have challenges that are normal like anywhere else, but they become unique in the Eastern Cape because of litigation, and the litigants have sort of been successful in terms of their litigation in the province. But we are dealing with those matters. The projection that there is almost a state of collapse and chaos in the province is far from the truth.”
He affirmed that the ANC remains active across the Eastern Cape, with regional conferences held and members campaigning on the ground.
ANC Says It’s Still Running Strong
Mbalula highlighted that the party’s organisational machinery is functioning:
- Regions have conducted their conferences.
- Members are actively engaging in service‑delivery issues and meeting election deadlines.
- The ANC is processing the court order regarding raw membership data, and there is nothing to hide.
Conclusion
The ANC’s November 4 election prospects hinge on the outcome of its Constitutional Court challenge over the PR candidate lists. While the party faces additional legal hurdles in the Eastern Cape, leaders insist that the organisation remains operational and ready to serve voters. Only time will tell whether the courts will allow the ANC to field its full slate of candidates or force it to campaign with a reduced lineup.
