Key Takeaways
- The Electoral Court dismissed the ANC’s appeal to reinstate 181 candidates excluded from six municipalities because the party failed to click the “Submit as Final” button on the IEC’s online nomination system before the 28 August deadline.
- The ANC argued that it had substantially completed the nomination process, that technical glitches prevented the final step, and that pressing the button is not a legal requirement under the Municipal Electoral Act.
- The IEC maintained that the electronic submission, including the final click, is a mandatory part of the process and that the ANC could have submitted paper nominations to avoid the dispute.
- The court upheld the IEC’s interpretation, emphasizing the integrity of the electoral process and rejecting the ANC’s shift from a “glitch‑based” argument to a legal‑interpretation argument.
- ANC national spokesperson Mahlengi Bhengu said the party respects the judgment and will pursue the appropriate appeal process while urging members to remain calm and avoid prejudicial public commentary.
- Separately, former Nelson Mandela Bay mayoral candidate Andile Lungisa is challenging his removal from the ANC’s candidate list, claiming the decision violated the party’s internal selection guidelines and seeking a declaration that he remains the valid number‑one nominee for mayor.
Background of the Dispute
The African National Congress (ANC) faced a significant setback ahead of the 2026 local government elections when the Electoral Court rejected its appeal to restore 181 candidates who had been omitted from the nomination lists in six municipalities. The affected areas are Port St Johns, Ngquza Hill, Walter Sisulu, and Sundays River Valley in the Eastern Cape; uMshwathi in KwaZulu‑Natal; and Mangaung in the Free State. The core of the controversy centered on whether the ANC had fulfilled the legal requirements for candidate nomination after its administrators failed to complete the final electronic step on the Independent Electoral Commission’s (IEC) online system before the 28 August deadline.
ANC’s Nomination Submission Process
According to the ANC, its party officials had completed candidate nomination forms, uploaded all supporting documents, and paid the required deposits well before the deadline. At 4:34 p.m. on deadline day, administrators were logged out of the IEC portal and returned to the landing page; they reported the issue to an IEC official at 4:35 p.m., but were logged out again at 4:57 p.m. The party contended that the IEC system had already received all necessary information, and that a technical glitch prevented them from pressing the “Submit as Final” button, which they argued should not invalidate their nominations.
IEC’s Position on the Final Submission Step
The IEC, represented by advocate Terry Motau, countered that the electronic submission process—including the explicit “Submit as Final” action—is a compulsory component of the nomination procedure. Motau argued that the ANC could have avoided the entire dispute by submitting its candidate lists manually, a method still permitted under electoral regulations. The commission asserted that there were no systemic glitches that hindered the ANC’s ability to complete the final step and noted that the party had successfully used the electronic system for the majority of its nominations elsewhere.
Legal Arguments Presented by Both Sides
The ANC’s legal team, led by advocate Daniel Burger, maintained that the Municipal Electoral Act and its regulations do not expressly require the final click as a condition for a valid nomination. They framed the issue as a matter of substantial compliance: the party had performed all essential steps, and the omission of a single electronic action should not lead to disqualification. Burger emphasized that the IEC’s decision effectively barred the ANC from participating in the election solely because a button was not clicked.
In contrast, the IEC argued that the ANC’s shift to a legal‑interpretation argument was a tactical change; the party’s initial complaint to the commission had been based on technical glitches, not on the interpretation of the law. Motau urged the court to hold the ANC to its original “glitch‑based” case, warning that allowing a reinterpretation would undermine the integrity of the electoral process and set a problematic precedent for future elections.
Electoral Court’s Judgment
On Wednesday, 16 September 2026, the Electoral Court handed down a judgment rejecting the ANC’s appeal. The court found that the IEC’s interpretation—that failure to click the “Submit as Final” button renders a nomination incomplete—was legally sound. It emphasized that the electoral framework demands strict adherence to the prescribed electronic submission steps to ensure transparency and uniformity across all parties. Consequently, the ANC’s 181 candidates remained excluded from the ballots in the six municipalities.
ANC’s Response and Appeal Intentions
Following the judgment, ANC national spokesperson Mahlengi Bhengu stated that the party respects the court’s decision and will pursue the appropriate appeal process. She reiterated that the ANC’s stance is not about seeking preferential treatment or asking the IEC to alter rules for the party’s benefit, but rather about clarifying the legal status of candidate information that the party believes was captured before the deadline. Bhengu appealed to ANC members, leaders, and supporters to remain calm and refrain from public commentary that could prejudice any ongoing legal proceedings.
Separate Legal Challenge by Andile Lungisa
Amid the nomination dispute, former Nelson Mandela Bay mayoral candidate Andile Lungisa is engaged in a distinct legal battle concerning his removal from the ANC’s candidate list. Lungisa is challenging the decision, asserting that his exclusion violated the ANC’s internal candidate‑selection guidelines. He is not seeking to amend the list already submitted to the IEC; instead, he requests a declaratory order confirming that he remains the ANC’s validly nominated number‑one candidate for mayor of Nelson Mandela Bay. Lungisa argues that such a declaration is important because the Municipal Structures Act permits parties to supplement candidate lists under certain circumstances after an election, and recognizing his nomination would preserve his position should that process be triggered.
Implications for the Upcoming Elections
The Electoral Court’s ruling underscores the importance of strict compliance with procedural requirements in South Africa’s electoral system, particularly the finalization of nominations through the IEC’s online portal. For the ANC, the exclusion of 181 candidates in key municipalities could affect its electoral performance and necessitate strategic adjustments in campaigning and resource allocation. Meanwhile, Lungisa’s separate case highlights ongoing internal party dynamics and the potential for further legal challenges that could influence candidate listings post‑election. Both developments illustrate the intertwined roles of legal compliance, party discipline, and electoral integrity as the country approaches the 2026 local government polls.