ConCourt to rule on ANC bid to reinstate 181 candidates

The Constitutional Court is set to rule on Thursday about the eligibility of 181 excluded ANC candidates in six municipalities for the upcoming local government elections. The court will determine whether the party can contest the elections based on their electronic submission of party and ward lists. The Independent Electoral Commission (IEC) excluded the ANC's candidates in Sundays River Valley, Walter Sisulu, Ngquza Hill, Port St Johns, uMshwathi, Mangaung metro due to the party's failure to click the final button confirming their lists.

The IEC stated that the ANC had loaded its lists onto the online candidate nomination system and paid its deposits before the August 28 deadline, but failed to click the final button on September 1. The Electoral Court previously upheld the IEC's decision and dismissed the ANC's appeal. IEC deputy chief executive Masego Sheburi mentioned that the commission has contingency plans and may have to reprint a significant portion of the affected ballot papers if the court rules in the ANC's favor.

Deputy Chief Justice Dunstan Mlambo reserved judgment after hearing arguments and promised to deliver the decision urgently. ANC legal representative Daniel Berger SC argued that clicking the button is not a legal requirement and that the party's lists were already with the IEC before the deadline. The ANC sought a declaration that their nominations were validly submitted, rather than requesting an extension of the deadline.

IEC legal representative Terry Motau SC conceded that the requirement to click the button is not expressly mentioned in the act or its regulations. He argued that the ANC cannot challenge the requirement now that they have used other features of the online system that were not set out in the regulations. Motau claimed that the ANC did not ask the courts to excuse their late compliance, and any relief should be limited to their dispute with the IEC.

The Democratic Alliance (DA), which joined the case in the Electoral Court, supported the IEC. DA advocate Michael Bishop stated that a ruling in favor of the ANC would have to apply equally to all affected parties, complicating ballot preparations and the holding of a free and fair election. The ANC initially blamed technical faults in the online system but abandoned that argument after the IEC showed no evidence to support it.