On Wednesday (16/9), the Electoral Court in Bloemfontein dismissed the party’s appeal after hearing arguments from the ANC, the IEC, and the DA the day before. The dispute centres on candidate information that the ANC says was captured on the IEC’s online nomination system before the 28 August deadline, but was not formally submitted through the system.

The affected ANC candidates are spread across six municipalities, Mangaung metro in the Free State, uMshwathi in KwaZulu-Natal, and Sundays River Valley, Walter Sisulu, Ingquza Hill, and Port St Johns in the Eastern Cape.

The ANC had argued that the required candidate information and supporting documents were already in the IEC’s system before the deadline and that technical difficulties prevented its officials from completing the final submission. The IEC disputed the party’s position, maintaining that the online nomination system was functioning and that the ANC had failed to complete the submission process before the deadline.

Mbalula under scrutiny

The case has placed ANC secretary-general Fikile Mbalula under scrutiny, with reports of internal calls for accountability over the candidate-list debacle. However, the party has maintained its legal challenge was about the interpretation of the submission process and not an attempt to secure preferential treatment.

ANC national spokesperson Mahlengi Bhengu said the party would exercise its legal rights and pursue the appropriate process.

“The ANC respects the courts and the judicial process. We have consistently maintained that this is not about seeking preferential treatment for the ANC, nor about asking the Electoral Commission to change the rules for the benefit of our organisation. It concerns the legal status of the candidates’ information that the ANC maintains was captured into the IEC’s electronic system before the prescribed deadline.

‘Our legal representatives will engage the court on the legal questions arising from the judgement’

“Having considered the judgement, the ANC will exercise its rights and pursue the appropriate appeal process. Our legal representatives will engage the court on the legal questions arising from the judgement.”

The party called on its members to remain calm and refrain from public commentary that could prejudice or interfere with the ongoing legal process.

Meanwhile, the IEC has confirmed 136,790 candidates have been certified to contest the elections. IEC spokesperson Kate Bapela said the candidate nomination process closed on 28 August at 17:00. Parties were able to submit nominations either manually at IEC offices or through the online candidate nomination portal.

“The process entailed two submission channels: submission of manual documents at the local IEC offices countrywide, and submission via the online candidate nomination portal. The preponderant mode of nomination was the online at 84%, while the in-person submissions amounted to 16%,” said Bapela.

The IEC said 98,219 candidates were nominated by political parties to contest wards, while 38,571 were nominated to represent parties in the proportional representation election. A further 621 independent candidates were nominated to contest wards.

Male candidates make up 85,263, or 62%, of the total, while female candidates account for 51,527, or 38%. Among proportional representation candidates, women make up 44% and men 56%. In ward contests, men account for 65% of candidates and women for 35%.

The commission is proceeding with the election timetable, including the preparation and printing of ballot papers that will follow the ballot paper draw and the signing of the Electoral Code of Conduct on 23 September. Applications for special votes are due to open on 21 September and close on 12 October at 17:00.

The Electoral Code of Conduct to be signed by contesting political parties sets standards for free, fair and peaceful campaigning and responsible participation in the elections.

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