DA Criticizes ANC Court Move, Says Litigation Won’t Restore Trust in Emfuleni Defeat

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Key Takeaways

  • The DA won the Emfuleni Ward 28 by‑election by a margin of just eight votes, ending a long‑standing ANC stronghold.
  • The ANC challenged the result in the Electoral Court, alleging that more than 100 voters were registered under a single residential address.
  • DA federal council chairperson Ashor Sarupen denounced the legal challenge as a refusal to accept electoral defeat and warned that litigation cannot rebuild voter trust.
  • Sarupen framed the loss as part of a broader political realignment, driven by voter frustration with ANC corruption, poor service delivery and broken promises.
  • The DA urged the ANC to respect the democratic choice of voters and to focus on improving governance rather than pursuing court battles.

Background of the Emfuleni Ward 28 By‑election
In May 2024 the Democratic Alliance (DA) secured a narrow victory in the Emfuleni Ward 28 by‑election, defeating the African National Congress (ANC) by only eight votes. The ward, historically an ANC bastion in the Vaal Triangle, had been seen as a test of the ruling party’s grassroots support amid growing public dissatisfaction with municipal performance. The DA’s win marked the first time in recent memory that the party had captured this constituency, signalling a potential shift in the local political landscape.

ANC’s Legal Challenge and Allegations of Irregularities
Following the loss, the ANC announced that it had referred the matter to the Electoral Court, claiming that irregularities had tainted the result. ANC secretary‑general Fikile Mbalula stated at a press briefing that the party had discovered more than 100 voters appearing on the voters’ roll under a single residential address. The ANC argued that such a concentration of registrations pointed to possible fraud or administrative error, and therefore sought judicial intervention to overturn the DA’s victory. The party filed its application in early June, framing the move as a defence of electoral integrity.

DA’s Response Through Ashor Sarupen
DA federal council chairperson Ashor Sarupen issued a sharp rebuttal to the ANC’s court action, characterising it as a symptom of a party unable to accept its electoral decline. In a statement released on Wednesday, Sarupen said that if the ANC believes that taking voters to court will restore public confidence, “it has fundamentally misunderstood the message from Emfuleni.” He emphasised that the DA respects the democratic choice of voters, irrespective of whether it wins or loses, and called on the ANC to adopt the same stance.

Respect for the Democratic Choice
Sarupen’s remarks underscored a core democratic principle: the legitimacy of election outcomes rests on the will of the electorate, not on legal maneuvers after the fact. He warned that the ANC’s reliance on litigation risked further eroding trust, as voters might perceive the party as more interested in preserving power through technicalities than in addressing the substantive concerns that drove them to the polls. By urging the ANC to “do the same” in respecting the vote, Sarupen positioned the DA as the party willing to accept electoral outcomes and focus on future competition rather than past disputes.

Critique of the ANC’s Litigation Strategy
The DA chairperson went on to argue that the ANC’s attempt to litigate its way back into favour was misplaced. He contended that the party’s poor record in local government—marked by corruption, collapsing infrastructure, and unfulfilled promises—was the true driver of voter disaffection. Rather than confronting these governance failures, the ANC was choosing to blame procedural issues, a tactic Sarupen described as “looking for excuses.” He suggested that such an approach would not win back hearts or minds, and that the ANC needed to confront its service‑delivery shortcomings head‑on.

Political Realignment and Voter Dissatisfaction
Sarupen framed the Emfuleni result not as an isolated incident but as an indicator of a wider political realignment underway across South Africa. He asserted that voters who have endured years of maladministration are abandoning the ANC in favour of the DA precisely because the latter demonstrates an ability to make local government work for all communities. The eight‑vote margin, while slim, reflected a growing appetite for alternatives that promise accountability, transparency, and effective service provision. This sentiment, according to Sarupen, is evident in other wards and metros where the DA has made inroads.

Implications for ANC Governance and Service Delivery
The DA’s victory in Emfuleni highlights the urgency for the ANC to reassess its approach to municipal management. Persistent challenges such as water shortages, electricity outages, and deteriorating roads have fueled voter frustration, and the by‑election outcome serves as a concrete signal that constituents are willing to switch allegiance when they perceive a tangible improvement in service delivery. Sarupen’s call for the ANC to stop looking for excuses and instead address its “terrible delivery record” points to a necessary shift from defensive legal tactics to proactive governance reforms.

Broader National Context and DA’s Gains
Beyond Emfuleni, the DA has been capitalising on similar frustrations in other metropolitan areas and district municipalities, gradually eroding the ANC’s traditional strongholds. The party’s emphasis on good governance, anti‑corruption measures, and pragmatic service‑delivery projects has resonated with voters disillusioned by the ANC’s perceived stagnation. While the ANC remains the dominant force nationally, the cumulative effect of losses like the one in Emfuleni could accelerate a shift in the balance of power at the local level, influencing policy priorities and resource allocation across the country.

Conclusion and Outlook
The Emfuleni Ward 28 by‑election encapsulates a pivotal moment in South Africa’s local politics: a narrow DA victory met with an ANC legal challenge that the DA interprets as a denial of electoral reality. Ashor Sarupen’s statements reinforce the DA’s commitment to respecting voter choices while urging the ANC to confront its governance deficits rather than resorting to court battles. Whether the ANC will heed this call remains to be seen, but the by‑election outcome undeniably signals growing voter demand for change—a demand that, if ignored, may continue to translate into further electoral setbacks for the ruling party in the months and years ahead.

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