‘Author of its own misfortune’: Electoral Court dismisses Operation Dudula election bid

The South African Electoral Court has denied Operation Dudula's appeal for extra time to submit necessary party lists and candidate nominations for the 2026 municipal elections. The party had missed the August 28 deadline for completing its submissions, asking for an additional 48-hour extension. However, the Independent Electoral Commission (IEC) refused, stating that it lacked legal authority to grant such an exemption.

Operation Dudula then sought a judicial review, arguing that the IEC's decision was unlawful and irrational. The conflict stemmed from an internal leadership dispute within the party, which impacted its ability to access the IEC's online candidate nomination system. The judgment revealed that Solomon Kekana was registered as the party's leader and online administrator, despite having been suspended and expelled.

Without Kekana's access, Operation Dudula could not submit its candidates online. The party made a final attempt to submit documents on August 27, one day before the deadline, but the IEC required physical submissions at local representative offices, not at the national Election House. Operation Dudula received assistance with the online system but, with the 5 pm deadline approaching, some submissions were still incomplete.

The court emphasized that election documents must be submitted as per the prescribed methods and timelines. The Supreme Court of Appeal upheld the Electoral Court's decision, quoting previous Constitutional Court rulings on the significance of election deadlines. The court criticized Operation Dudula for allowing its internal leadership dispute to interfere with its election preparations and for waiting until the last moment to familiarize itself with the relevant legislative provisions. The court concluded that Operation Dudula bears responsibility for its own misfortune.