Key Takeaways
- The Eastern Cape High Court dismissed an urgent application seeking to nullify the ANC’s candidate lists for the 2026 local‑government elections.
- Two ANC members from the Chris Hani and Alfred Nzo regions alleged that nomination procedures were not followed, that the selection process was manipulated, and that ANC Secretary‑General Fikile Mbalula had admitted to altering the lists.
- The court’s decision adds to a growing series of legal challenges facing the ANC in the Eastern Cape, including a recent Electoral Court ruling on excluded candidates and a threatened defamation suit against Mbalula.
- ANC leadership, including provincial spokesperson Yanga Zicina and national spokesperson Mahlengi Bhengu, urged members to “close ranks,” avoid using courts as political battlegrounds, and focus on campaigning ahead of the 4 November poll.
- Internal reports indicate that the final candidate list reached the ANC’s operations centre only 29 minutes before the Independent Electoral Commission deadline, raising concerns about unauthorised late changes to lists previously approved by the National Executive Committee.
Background of the Dispute
The controversy centres on the ANC’s candidate selection process for the upcoming local‑government elections in the Eastern Cape. Two party members, representing branches in the Chris Hani and Alfred Nzo regions, filed an urgent application with the Eastern Cape High Court in Makhanda, arguing that the party’s provincial executive committee (PEC) had violated its own 2026 candidate selection rules. They claimed that branch general meetings were bypassed, that the nomination process lacked transparency, and that the final lists did not reflect the outcomes of those grassroots deliberations.
Allegations Against the Provincial Executive Committee
The applicants specifically accused the ANC’s PEC, provincial secretary Lulama Ngcukaitobi, and ANC secretary‑general Fikile Mbalula of contravening party procedures. They asserted that Mbalula had, in a written communication, acknowledged that the ward councillor candidate list had been altered after internal approvals. Furthermore, they contended that the finalised list was never published on the ANC’s website as required by party guidelines, thereby depriving members of the opportunity to scrutinise the nominations before submission to the Independent Electoral Commission (IEC).
Court Proceedings and Judicial Reasoning
Judge Motilal Rugunanan heard the urgent application on Wednesday and dismissed it, stating that the applicants had not demonstrated sufficient grounds to warrant the nullification of the candidate lists. Although the full written judgment had not been released at the time of the ANC’s public statement, the judge’s oral ruling indicated that the alleged procedural irregularities did not rise to the level of illegality that would justify court intervention. The dismissal meant that the lists submitted to the IEC would stand, at least for the immediate term, allowing the election timetable to proceed without further judicial interruption.
Broader Legal Context in the Eastern Cape
This ruling is the latest in a string of legal battles that have plagued the ANC in the Eastern Cape province. On 16 September, the Electoral Court dismissed the ANC’s appeal concerning 181 excluded candidates across six municipalities, four of which are located in the Eastern Cape. The party had missed the IEC’s online submission deadline of 28 August, prompting the appeal. The ANC has since taken that matter to the Constitutional Court, signalling its willingness to pursue judicial remedies at the highest level. Simultaneously, provincial secretary Ngcukaitobi has threatened to sue Mbalula for defamation, alleging that the secretary‑general ordered the removal of Andile Lungisa from the Nelson Mandela Bay proportional‑representation list.
Internal Party Reactions and Calls for Unity
In response to the court’s decision and the surrounding turmoil, ANC spokesperson Mahlengi Bhengu issued a statement urging party structures and supporters in the Eastern Cape to “close ranks” and concentrate on engaging communities ahead of the 4 November poll. Bhengu emphasised that the party’s immediate task is to “earn the confidence of the people through hard work, unity, and disciplined organisation.” Provincial spokesperson Yanga Zicina echoed this sentiment, cautioning members against “fighting political battles in the courts of law” and warning that courts must not become platforms for pursuing failed electoral bids.
Concerns Over Timing and Potential Unauthorised Changes
An internal report commissioned by the ANC revealed that the province’s final candidate list reached the party’s national operations centre a mere 29 minutes before the IEC deadline. This tight timeline has raised alarms about the possibility of unauthorised last‑minute alterations to lists that had previously been endorsed by the National Executive Committee (NEC). Critics argue that such a narrow window undermines the integrity of the nomination process and fuels suspicions of manipulation, despite the court’s finding that the applicants failed to prove illegality.
Implications for the ANC’s Electoral Prospects
The ongoing legal wrangling and internal dissent risk distracting the ANC from its campaign efforts at a critical juncture. Voter confidence may be eroded if supporters perceive the party as preoccupied with infighting rather than addressing service‑delivery challenges. Conversely, the ANC’s leadership hopes that a unified front, bolstered by the court’s endorsement of the candidate lists, will allow the party to refocus on grassroots mobilisation and present a cohesive agenda to electors. The outcome of the forthcoming Constitutional Court appeal on the excluded candidates, as well as any potential defamation litigation, will further shape the political landscape in the Eastern Cape leading up to the election.
Conclusion
The dismissal of the urgent application by the Eastern Cape High Court represents a temporary legal vindication for the ANC’s candidate lists, yet it does not quell the underlying disputes over procedural compliance and internal party dynamics. With multiple legal fronts still open—including the Electoral Court appeal, the Constitutional Court matter, and the threatened defamation suit—the ANC faces a challenging environment that demands both legal vigilance and a renewed commitment to organisational discipline. How the party navigates these pressures will likely influence its performance in the 4 November local‑government elections and its broader standing in the Eastern Cape.