The African National Congress (ANC) has lost its legal battle against the Electoral Commission of South Africa (IEC) after the Electoral Court in Bloemfontein dismissed its challenge over councillor candidate nominations for the upcoming local government elections.
The party approached the court after failing to finalise the submission of 181 candidates across six municipalities before the IEC’s deadline of 28 August 2026.
The ANC initially blamed technical glitches on the commission’s online candidate nomination system, claiming that the problems prevented it from completing the submission process.
The IEC disputed that explanation, maintaining that its system was functioning properly and that the ANC had failed to complete the required submission procedure before the deadline.
The dispute centred on the difference between capturing candidate information on the IEC’s online system and formally submitting that information.
ANC challenges final submission requirement
During arguments heard on Tuesday, the ANC maintained that it had completed the electronic nomination forms, uploaded the necessary documentation and paid the required deposits before the deadline.
Its legal team argued that the information was already in the IEC’s possession and should therefore be regarded as validly submitted.
The party challenged the requirement to click the system’s final submission button, arguing that the additional step was not expressly prescribed by electoral legislation.
The IEC rejected this interpretation, arguing that capturing and saving candidate information did not constitute a completed submission.
The commission maintained that the ANC understood the requirements of the nomination system and had successfully followed the same process for its other candidates.
The Democratic Alliance, which intervened in the proceedings, also opposed the ANC’s application. It argued that election deadlines and submission requirements must apply equally to all political parties.
Six municipalities affected
The disputed nominations concern six municipalities across four provinces:
- Mangaung Metropolitan Municipality in the Free State.
- Walter Sisulu, Sundays River Valley, Ngquza Hill and Port St Johns municipalities in the Eastern Cape.
- uMshwathi Local Municipality in KwaZulu-Natal.
The ANC had asked the court to declare its affected nominations valid and direct the IEC to process them for the local government elections scheduled for 4 November 2026.
Following Tuesday’s hearing, the Electoral Court reserved judgment, with Judge Lebogang Modiba indicating that an order would likely be delivered on Wednesday.
The court has now ruled against the ANC.
The decision leaves the party’s affected nominations excluded under the IEC’s existing candidate submission process, unless the legal position changes through further proceedings.
The full written reasons for the court’s decision were not immediately available.
The ruling comes as the IEC finalises candidate lists ahead of the November municipal elections.
