The ANC has won its Constitutional Court bid to reinstate candidates in six municipalities ahead of the November 4 local government elections, with the ruling coming as the Electoral Commission of South Africa (IEC) has already printed 66% of ballot papers.
In a majority judgment handed down yesterday, the Concourt upheld the ANC’s appeal, set aside the Electoral Court’s order and directed the IEC to take all necessary steps to include the affected party lists and ward nominations on ballot papers and in other relevant election processes.
The dispute arose after the ANC failed to complete the final submission of its candidate lists on the IEC’s online nomination system before the August 28 deadline. Although candidate information and supporting documents had been captured, the party had not completed the final electronic submission process.
The IEC rejected the nominations, prompting the ANC to challenge the decision in the Electoral Court. After losing that appeal, the party approached the apex court.
The six municipalities are Sundays River Valley, Walter Sisulu, Ngquza Hill, and Port St Johns in the Eastern Cape, uMshwathi in KwaZulu-Natal, and Mangaung Metropolitan Municipality in the Free State.
Reacting to the judgment at Constitution Hill, ANC Secretary-General Fikile Mbalula said the party had pursued its case through the courts rather than mobilising supporters onto the streets.
Mbalula, who was visibly emotional during the proceedings, collapsed and had to receive medical attention.
“We did not go into the street. We did not call a single person into the street. When this movement believed that a right had been taken from our people, we walked up this hill with papers in our hands,” he said.
“The right to vote is not a privilege handed down by an institution. It is not a setting in a computer programme, and it is not a button on a screen. It is a fundamental right, and it belongs to the people.”
The ANC said its legal challenge was not intended to undermine the IEC but to protect democratic participation.
“Our recourse to the judiciary was never an attempt to undermine the Electoral Commission, but an exercise of the constitutional mechanisms available to resolve legitimate legal disputes within our democracy.”
IEC Chief Electoral Officer Sy Mamabolo said the commission had noted the court’s judgment and would give effect to its order.
He said the IEC’s position throughout the legal proceedings had been guided by its interpretation of electoral legislation and the need to apply prescribed processes consistently. However, the commission recognised its constitutional obligation to implement the court’s decision.
“The IEC will communicate further details regarding the implementation process once the necessary assessments have been completed,” Mamabolo said.
The ruling comes after the IEC’s Deputy Chief Electoral Officer for Electoral Matters, Masego Sheburi, warned that a decision in the ANC’s favour could have financial and logistical consequences because ballots for the affected municipalities had already been printed.
“We’ve indicated that 66% of ballots have already been printed, because we have a finite window period of 21 days within which to print those files.”
Sheburi said they would have to reprint new ballots to give effect to the court's decision.
The DA raised concerns about the precedent the ruling could set for compliance with electoral deadlines.
DA Federal Council Chairperson Ashor Sarupen said the party respected the judgment but remained concerned about the implications.
“The judgment raises serious concerns about the precedent it sets for complying with the IEC’s deadlines and requirements, as the courts have held that strict mechanical compliance applies to deadlines in every matter up to now,” Sarupen said.
Meanwhile, the Afrika Mayibuye Movement welcomed the relief granted to the ANC but called on the IEC to extend equivalent treatment to other qualifying candidates in materially similar circumstances.
“A Constitutional Court judgment determines the applicable law. It does not create a private privilege available only to the litigant with sufficient resources to approach the highest Court,” the movement said.
It urged the commission to identify other affected parties and apply the same factual and legal standards without requiring them to institute separate court proceedings.
“The Electoral Commission must implement one judgment, one legal standard and one remedy for all.”