Constitutional Court Weighs ANC Appeal Over Excluded Candidates

The African National Congress (ANC) has petitioned the Constitutional Court of South Africa to overturn an Electoral Court order that excluded 181 of its candidates from contesting local government elections on November 4. The candidates are based in six municipalities across the Eastern Cape, Free State, and KwaZulu-Natal.

The exclusion occurred because the ANC failed to click a Submit as Final button on the Electoral Commission of South Africa's (IEC) online portal before the August 28 deadline. While the ANC uploaded candidate details and paid the required fees, it did not complete the final confirmation step. The ANC argues that this button is a software feature rather than a legal requirement under the Municipal Electoral Act.

The IEC disputes the ANC's claims of technical glitches, stating that an investigation found no evidence of system problems. The Democratic Alliance warned that granting the appeal would create chaos and undermine electoral credibility. Legal counsel for the ANC, Daniel Berger, argued the party should not be admonished for reporting system problems, while IEC advocate Terry Motau maintained that objective facts did not support the claim of technical difficulties.

The Constitutional Court has reserved judgment on whether the digital submission requirement has legal force. Separately, the ANC is preparing to appeal a court order reinstating convicted former councillor Andile Lungisa to its candidate list.