ANC councillor Anele Gabuza challenges candidate nomination in court

Anele Gabuza, an ANC councillor in Ward 98, has filed a court challenge against the party's nomination of Yanga Mjingwana for the local government elections. Gabuza demanded that the ANC provide him with the name of the candidate before learning that Yanga Mjingwana's name had been submitted to the Independent Electoral Commission (IEC).

The respondents in the court case include the ANC, the national executive committee, the Western Cape Provincial Task Team, the Electoral Committee, the Western Cape Provincial List Committee, Mjingwana and the IEC. However, the ANC Dullar Omar Regional Committee and Ward 98 branch executive committee were not mentioned as interested parties.

Gabuza sought an urgent hearing on Tuesday, September 1, at 4pm or as soon as possible, requesting the court to interdict the IEC from certifying, finalising and publishing Mjingwana's candidacy for the November 4 local government elections. He also sought the court's intervention to remove Mjingwana from the candidate list pending the resolution of the review application.

Gabuza argued that Mjingwana did not meet the eligibility and vetting requirements to be a councillor candidate, and that the ANC's decision to select and submit Mjingwana should be declared unlawful and unconstitutional. The court papers further stated that Gabuza's application was urgent as the IEC had until September 11, 2026 to substitute candidates.

Gabuza claimed he acted promptly when he learned that Mjingwana was the preferred candidate, despite objections from the branch executive committee. He stated that he and the branch executive committee attempted to resolve the dispute internally, but were unsuccessful. Gabuza maintained that he was the preferred candidate at the final branch general meeting, but Mjingwana was selected despite this outcome.

He expressed prejudice as a result of the impugned decision. When contacted, Gabuza stated that he could not comment on the matter until his lawyers concluded everything. The ANC provincial spokesperson, Sifiso Mtsweni, said they would oppose Gabuza's application and emphasized that all candidates must be supported by the community.