The African National Congress (ANC) has lodged an application at the Constitutional Court seeking leave to appeal after the Electoral Court confirmed the Electoral Commission of South Africa’s (IEC) decision to exclude 181 candidates from the 4 November local government elections.
Dispute centres on a computer “submit” function
In a founding affidavit filed with the Constitutional Court, the ANC asserts that the matter hinges on how the Municipal Electoral Act should be read in the context of the IEC’s electronic nomination system. The party argues that a data capturer’s failure to click a final “submit” button in the IEC’s software should not amount to non-compliance with the statutory nomination requirements.
“This application concerns the interpretation of the word ‘submit’ in the Municipal Electoral Act and whether a button in a computer programme can impose a condition of compliance which the law does not,”
Those words are attributed to ANC secretary-general Fikile Mbalula in the court papers, according to News24 reporting.
Parties, municipalities and the wider problem
The ANC told the Constitutional Court that the dispute involves candidate lists in six municipalities. The party also said that the issue is not isolated: the IEC’s electronic process reportedly affected many candidates across a range of parties.
News24 reported that over 2 000 candidates from 45 parties were captured but later excluded after data capturers failed to press a final submission control. The United Democratic Movement (UDM) has indicated it will apply to join the Constitutional Court proceedings as amicus curiae, saying the problem appears to have affected numerous parties and raises broader questions about the IEC’s electronic submission system.
| Figure | Reported total |
|---|---|
| Candidates excluded (ANC case) | 181 |
| Other allegedly affected candidates | 2 000+ |
| Parties reportedly affected | 45 |
| Municipalities named in ANC papers | 6 |
UDM seeks a role; Buffalo City dispute underlines stakes
The UDM said it would move to join the proceedings as a friend of the court. UDM president Bantu Holomisa described the situation as one that warrants judicial clarification so similar problems can be prevented ahead of the polls.
“The UDM will therefore approach the court to establish when the matter is expected to be heard, with a view to applying to join the proceedings as amicus curiae,”
News24 also reported a separate IEC dispute in Buffalo City Metropolitan Municipality, where the UDM contends that none of its ward candidates appeared on the official list despite submissions being made. That contention adds urgency for affected parties in municipalities across the Eastern Cape and beyond.
Legal pathway and electoral timetable
The ANC’s application for leave to appeal follows the Electoral Court’s dismissal of the party’s earlier challenge to the IEC’s exclusions. By taking the matter to the Constitutional Court, the ANC is asking the highest court to resolve a point of statutory interpretation with direct consequences for the running of municipal elections.
Election administrators and political parties now await clarity on two fronts: whether the Constitutional Court will grant leave to appeal and, if it does, how quickly the matter can be heard ahead of the 4 November voting day. Any delay or order that changes candidate lists may have logistical and administrative consequences for ballots, IEC notices and voters.
What this means locally
For voters and party organisers across the Eastern Cape, including in metros such as Buffalo City, the dispute could alter the choice available on ballots if the court orders the inclusion of any candidates. It also raises questions about the robustness of the IEC’s digital systems and the safeguards in place to prevent administrative errors from determining electoral participation.
- Affected candidates may still be restored to ballots if a court rules in the ANC’s favour.
- IEC procedures for electronic nominations will likely face scrutiny and potential reform.
- Parties operating at ward level must ensure internal controls with nomination submissions to avoid similar exclusions.
As the Constitutional Court considers the application, stakeholders from political parties to civic organisations and election administrators will watch closely for rulings that touch on the integrity of electronic election management and the practicalities of running large municipal polls.
News24 reported the filings and comments referenced in this article.
