ANC argues IEC dispute is about ‘Law vs. System Design’
Constitutional Court is considering the ANC’s challenge to a decision to disqualify its candidates.
The African National Congress (ANC) has argued that their dispute with the Electoral Commission (IEC) centers on the difference between law and system design, according to the party's legal representative, Adv Daniel Berger. This legal battle is ongoing as the Constitutional Court evaluates the ANC's move to challenge the disqualification of their candidate lists in six municipalities for the upcoming November 2026 Local Government Elections.
Berger maintains that the ANC adhered to the electoral laws by submitting all the necessary documents and paying the required deposits before the deadline. The IEC's "Submit as Final" button, he claims, is a software feature rather than a legal requirement stipulated in legislation or regulations. Berger stated, "The respondents speak constantly of rigid adherence.
This court has said that what must be adhered to are acts and regulations, that's ACT Para 82, read with their purpose. IFP at Para 52, but not software. A screen design that was not promulgated by regulation is not law." The ANC is seeking to have 181 councillors included on the ballot through this legal challenge.
Written by urgent.news from SABC News's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
