Gqeberha — The African National Congress (ANC) faces the prospect of another courtroom battle in the Eastern Cape after its secretary-general, Fikile Mbalula, submitted a contested councillor list to the Electoral Commission of South Africa (IEC) despite warnings from a prominent provincial member.
Background to the row
Sunday World reported that Lwazi Rotya, an ANC member who has successfully challenged the party in court on three previous occasions, has written to Mbalula and threatened legal action after the list was lodged with the IEC on Friday. Rotya alleges the councillor selection process in the province was marred by irregularities and manipulation and that the process was overseen by an unlawful provincial task team.
According to the report, Rotya told Sunday World he was shocked the national office proceeded with the submission despite his objections and that attempts by the ANC Veterans League to broker a political solution had made matters worse.
“The SG [Mbalula] submitted to the IEC yesterday [Friday] despite all the problems we have raised that were never resolved,” Rotya said. “Consequently, we are looking at our options to bring about justice but I can tell you that we are going the direction of the courts.”
What is being challenged
Rotya’s complaint centres on the legitimacy of the provincial task team that oversaw councillor nominations. He says a court ruling previously invalidated that structure, making its work unlawful. The dispute is not new: Rotya has previously secured court orders that affected provincial party structures and conference outcomes.
If Rotya proceeds, the litigation could seek one or more remedies, including:
- a declaratory order that the submitted list is invalid;
- an interdict preventing the IEC from proceeding with affected nominations; and
- a court direction that the ANC follow its internal constitution and recognised procedures for candidate selection.
Potential impact on the election timetable
Any successful court challenge could delay or complicate the IEC’s work, particularly if the dispute covers multiple municipalities or affects proportional representation lists. The IEC requires certified party lists to administer ballots and seat allocation; a legal order that alters or invalidates a list would force the commission and affected municipalities to adjust processes already underway.
At stake politically is not only service-level representation in local councils but also the credibility of the ANC’s internal processes at a time when the party is under scrutiny nationally for factional battles and organisational discipline.
Chronology
| Event | Reported timing / detail |
|---|---|
| Submission of councillor list to IEC | Friday (as reported) |
| Rotya's letter to SG | Monday (as reported) |
| Previous court victories by Rotya | Three successful challenges prior to this dispute |
Responses and party dynamics
Rotya said he was unmoved by attempts to portray him as disruptive and remains determined to compel the ANC to abide by its constitution. He told Sunday World the Veterans League in the province had engaged him at the behest of its national president, Snuki Zikalala, but that talks had exacerbated tensions rather than resolving them.
The Sunday World piece did not include a response from Mbalula or the ANC national office. It also did not set out whether the IEC had acknowledged receipt of any challenge to the list or how it would respond to court processes if launched.
What to watch
Key developments to monitor in the coming days are:
- whether Rotya proceeds to file papers in either the electoral court or the high court;
- any formal response from the ANC national office clarifying the legality of the provincial task team and the list submission; and
- how the IEC manages potential litigation, particularly if an application seeks urgent interim relief.
The Eastern Cape has been a frequent flashpoint for internal ANC disputes; legal challenges of this kind can have knock-on effects on municipal governance and the delivery of services if seat allocations or council compositions are disrupted. For residents and local councillors, the immediate concern is whether any court action will delay the seating of representatives and the functioning of councils after the election.
Sunday World reported the developments. Further statements from the ANC and the IEC were not included in that account at the time of publication.
