Electoral Court delivers praiseworthy rulings for IEC in candidate list cases
It was a good day in the Electoral Court for the Electoral Commission of South Africa on 15 September when three of the four cases were decided in favour of the commission.
On 15 September 2026, the Electoral Court of South Africa delivered four praiseworthy rulings in cases concerning candidate lists for the Electoral Commission of South Africa (IEC). The court heard all four cases within minutes, and within eight days, the written judgments were issued. The cases primarily centered around the failure of political parties to submit their candidate lists on time, as required by the Online Candidate Nomination System (OCNS).
The court emphasized the principle of "rigid adherence" to electoral laws, ensuring fairness, certainty, and orderly administration of elections. One of the parties, the African National Congress (ANC), argued that glitches in the OCNS prevented them from completing their submissions. However, the IEC demonstrated that the OCNS functioned optimally, and this contention fell away.
The court stressed that compliance with the election timetable and other election regulations was crucial, as failure to do so would result in exclusion from participating in the elections "by operation of law."
The court's decisions were consistent with previous rulings in similar cases, including the Constitutional Court's decision in ACT v IEC. The IEC's position was upheld, as the parties were ultimately responsible for their noncompliance with the electoral laws. The court's decisions were based on well-established principles and legal requirements, reinforcing the importance of governing by operation of law.
In another related case, In Operation Dudula v IEC, also heard on the same day, the court dismissed the party's application, stating that the exclusion followed by operation of law. This meant that the right or duty automatically came into effect, without the need for discretionary interpretation. The IEC's compliance with the rules and extensive training helped avoid litigation and ensured certainty, predictability, fairness, efficiency, affordability, and accessibility in the electoral process.
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