politics

ANC and DA Fight in Electoral Court Over Lists the IEC Already Closed

ANC and DA Fight in Electoral Court Over Lists the IEC Already Closed
Ben Bezuidenhout / Wikimedia Commons
Story summary

The ANC wants six municipal candidate slates treated as submitted after the 28 August cutoff. The DA has moved to stop that. The Electoral Court is the next gate before the IEC locks papers on 16 September.

News Definition article

The fight is no longer about service delivery speeches. It is about whether names sitting on an IEC screen count as a validly submitted candidate list.

The commission cutoff was 17:00 on 28 August. The ANC says 181 candidates across six municipalities were captured on the system but not finally submitted, blaming technical instability on the Candidate Nomination System. The IEC refused to treat those unfinalised submissions as compliant with statutory deadlines. On 4 September the governing party approached the Electoral Court in Bloemfontein to compel the commission to accept the nomination lists. On 9 September the DA filed papers to intervene and oppose the relief. ANC secretary-general Fikile Mbalula responded that the official opposition holds no direct legal interest in internal ANC candidate administration, arguing that the sole question is the proper legal interpretation of submission under the Municipal Electoral Act.

The Supreme Court of Appeal in Bloemfontein, which houses the Electoral Court of South Africa.
The Supreme Court of Appeal in Bloemfontein, which houses the Electoral Court of South Africa.

The six affected councils are not minor outposts. Ingquza Hill and Port St Johns in the Eastern Cape risk having no ANC ward or proportional representation candidates on the ballot if the application fails. Walter Sisulu and Sundays River Valley in the Eastern Cape, uMshwathi in KwaZulu-Natal, and the Mangaung Metropolitan Municipality in the Free State also face missing or truncated governing party candidate columns. The South African Broadcasting Corporation reported that the Electoral Court set the matter down for hearing on 15 September. The commission official timetable requires certified candidate lists to be published on 16 September, followed by the formal ballot draw on 23 September and voting day on 4 November.

Capturing candidate data is not the same as submitting a certified nomination. The DA contends that every political party operated under identical platform constraints, pointing out that the DA finalised candidate slates across all 257 municipalities before the 17:00 cutoff. The ANC counters that it is not demanding an extension of the deadline for new candidates, but rather an order directing the IEC to accept profiles already captured on the portal before 17:00, with identical relief extended to any other party facing similar technical barriers. The African Transformation Movement has also indicated intentions to participate in the proceedings. These positions represent competing legal arguments, not settled judicial findings.

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THE DEFINITION

Sections 14 and 17 of the Municipal Electoral Act 27 of 2000 govern the submission of party candidate lists and ward candidate nominations, establishing that the Electoral Commission must set a strict closing date and time after which no further nominations can be received. The Candidate Nomination System is the electronic platform deployed by the IEC to verify voter registration and identity credentials before generating a final confirmation receipt. Under established electoral jurisprudence, statutory election timetables are strictly enforced to preserve administrative neutrality, meaning any alteration to nomination deadlines requires judicial condonation based on documented administrative failure or systemic defect.

WHAT IT MEANS FOR YOU

If you reside in Ingquza Hill, Port St Johns, Walter Sisulu, Sundays River Valley, uMshwathi, or Mangaung, the choices printed on your council ballot will be decided by an Electoral Court bench rather than ward party branch meetings. If you live anywhere else in South Africa, the dispute threatens the operational credibility of the election calendar. If judgment is reserved beyond 16 September, ballot paper printing contracts and security distribution schedules will face immediate disruption, raising the prospect of emergency legal challenges or staggered municipal elections.

THE BIG QUESTIONS

* Did the Electoral Commission log a system malfunction that prevented users from completing the final submission step, or does server data show uncompleted files left idle past 17:00?

* Will the Electoral Court grant the DA and ATM standing to intervene before addressing the substantive merits of the ANC application?

* And if the bench cannot deliver a ruling before the 16 September certification deadline, who pays for the delay: the commission, the political parties, or the voters waiting for certified ballots?

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