The ANC scored a major victory on Thursday after the Constitutional Court ruled that its 181 candidate councillors who were excluded from the elections should be on the ballot for the November 4 polls.
The apex court ordered the Electoral Commission of SA (IEC) to reinstate the candidates in Port St. Johns, Ingquza Hill, Sundays River Valley in the Eastern Cape, Mangaung in the Free State as well as uMshwathi in KwaZulu-Natal.
No reasons were provided for the Constitutional Court’s decision but the IEC has stated that it will include the ANC candidates despite tight deadlines following the Electoral Court decision dismissing the party’s application to overturn the commission’s decline of its candidates.
The University of Mpumalanga’s Professor Ntwanano Mathebula said while the apex court’s judgment should be respected, it should also be questioned.
“Constitutionally, what we have observed over the past few years is that we have seen a governance system that is run through the judiciary,” he said.
Mathebula said the other arms of government – the executive and the legislature – were practically being run through courts.
Political and legal analyst Dr Mkhuseli Vimba said the ANC should be very delighted with the outcome of the apex court as the IEC’s decision eliminated 181 of its candidates regardless of whether or not they will deliver.
“They may also be a little bit disadvantaged because they are going to start now when we are left with one or two weeks before the elections to gain the ground that they lost, meaning that they have to go on their campaign which has been affected adversely by this so-called non-registration of their members,” he said. Vimba added that the ANC had to use the two weeks before the polls to convince the general public that they are worthy of being elected to their municipalities. “Municipalities like Ingquza Hill, now that the SACP is going to stand on its own, we have the likes of the former municipal manager (Mluleki) Fihlani, who knows the area, and its ins and outs, so the SACP in such areas may probably make inroads even if it is not going to win the wards but because he is is there and is a known person, and knows the area, that may be an advantage for the SACP,” he explained.
The ANC welcomed the Constitutional Court’s judgment in its favour.
“The judgment represents an important development in the inter-pretation of the electoral framework. The ANC's decision to approach the courts was informed by the fundamental principle that electoral processes must give meaningful expression to the democratic rights of citizens, while remaining firmly anchored in the law,” the ANC stated following the ruling.
The party continued: “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. The ANC reaffirms its confidence in the independence of the judiciary and the Electoral Commission, whose constitutional responsibilities remain central to the integrity and credibility of our elections”. The ANC added that it will cooperate fully with the commission in implementing the judgment and ensuring an orderly electoral pro-cess consistent with the apex court's directions.
“As the country approaches the local government elections, the ANC remains firmly focused on engaging communities, accounting for progress made, confronting service delivery challenges and advancing its programme of building responsive, accountable and developmental local government,” the party said.
In its court victory, the ANC said the country’s democracy is strengthened when constitutional questions are resolved through the institutions established to safeguard the rights and aspirations of all South Africans and remains committed to the constitutional tradition and to the democratic will of the people.
The ANC’s victory comes after the Electoral Court dismissed its bid to have the IEC overturn its failure to comply with the Electoral Act.
“On October 8, 2026, this (Electoral) court heard the appeal and, given that the municipal elections for local government are imminent, namely on November 4, 2026, it gave the order to avoid delaying the appeal. What follows are the reasons for the said order,” the court gave as its reasons on Wednesday.
The appeal concerned a decision of the IEC to dismiss the objection lodged by the ANC. In September, the commission informed the ANC that it failed to comply with the legal requirement of the Electoral Act and dismissed its objection.
The party was granted leave to appeal by the chairperson of the Electoral Court, Deputy Judge- President Dumisani Zondi to appeal the commission’s decision.
The ANC had lodged an objection in August relating to the voter’s roll covering the Sedibeng district and its constituent municipalities: Emfuleni Local Municipality, Midvaal Local Municipality, and Lesedi Local Municipality.
The objection was lodged in terms of the Electoral Act and the commission informed the ANC that it had not provided adequate evidence that it had served the objection on the individual or individuals to whom it was directed, as required in terms of the act. The court found that in essence, the commission claimed that the ANC failed to show that it served the objection on the affected voters as required by law.
“Pursuant to the commission’s decision, the ANC informed the commission in writing on August 27, 2026 that it had provided proof of service, which it emailed to the Commission on 18 August 2026. The commission responded to the ANC’s correspondence and remained steadfast in its decision that the party had failed to comply with s 15(2) of the (Electoral) Act,” the court established.
In addition, the court stated: “What followed was an application for leave to appeal dated September 16, 2026. The application for leave to appeal concerned the commission’s decision, in which it found that the requirement under s 15(2) of the Act had not been adhered to. As stated earlier, leave was granted to the ANC to appeal the decision of the Commission. The appeal is opposed by the commission”.
IEC chairperson Mosotho Moepya said the commission welcomed the clarity and certainty given by the Concourt judgment.
He promised that the ANC candidates would be included on the ballots.