ANC Loses Electoral Court Battle Over 181 Excluded Councillor Candidates

The African National Congress has lost its Electoral Court battle over 181 councillor candidates excluded from contesting South Africa’s 2026 local government elections.

The Electoral Court dismissed the ANC’s challenge on Wednesday, 16 September, following a virtual hearing the previous afternoon.

The dispute centred on candidate information the ANC maintained had been captured on the Electoral Commission of South Africa’s electronic system before the deadline but was not successfully submitted.

The Electoral Commission disputed the ANC’s contention that technical problems with its system were responsible.

The ruling means the 181 affected ANC candidates remain excluded from contesting the 4 November elections unless the party succeeds through further legal proceedings.

The ANC has already indicated that it intends to challenge the decision.

ANC Says Candidate Information Was Captured

The dispute emerged after ANC secretary-general Fikile Mbalula said the party had submitted the overwhelming majority of its councillor candidates but that 3% had not been successfully processed.

Mbalula said the party had completed 97% of its submissions and maintained that technical difficulties affected the remaining candidates.

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The affected candidates include prospective councillors in municipalities in KwaZulu-Natal, the Eastern Cape and the Free State.

During Tuesday’s hearing, the ANC argued that the candidate names had been captured on the IEC’s electronic system before the 28 August deadline but had not been finally submitted.

Its lawyers argued that the candidates were being unlawfully excluded.

The dispute included arguments over the requirement to press a final submission button on the IEC’s system.

The ANC argued that the requirement was not prescribed in law and that the information already captured should be treated as having been submitted.

IEC Rejects Technical Glitch Claim

The IEC rejected the ANC’s explanation and maintained that there was no technical failure on its side that prevented the party from completing its submissions.

The commission argued that the ANC understood the candidate-submission process and the applicable deadline.

The IEC has also maintained that election rules and deadlines must be applied consistently and that late submissions cannot simply be accepted.

The dispute extends beyond the ANC, with dozens of political parties affected by candidate-submission issues.

The Electoral Court ultimately dismissed the ANC’s application.

The court also granted the Democratic Alliance leave to intervene in the proceedings and made no order as to costs.

ANC Says It Will Appeal

The ANC said it respected the court and judicial process but would exercise its legal rights following the judgment.

The party maintained that its case was not an attempt to secure preferential treatment or have electoral rules changed specifically for the ANC.

Instead, it said the dispute concerned the legal status of candidate information it maintains was already captured electronically before the deadline.

“Having considered the judgment, the ANC will exercise its legal rights and pursue the appropriate appeal process. Our legal representatives will engage the court on the legal questions arising from the judgment,” the party said.

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The ANC also urged its members and supporters to avoid commentary that could interfere with the continuing legal process.

“We call on all ANC members, leaders and supporters to remain calm and disciplined, and to refrain from public commentary that could prejudice or interfere with the ongoing legal process,” it said.

181 Candidates Remain Excluded

The immediate consequence of Wednesday’s ruling is that the 181 candidates remain outside the election unless subsequent legal proceedings alter the position.

The ANC had asked the Electoral Court to set aside the IEC’s decision and direct the commission to treat the affected party lists and ward candidate nominations as having been submitted on time.

The party wanted the candidates included on the lists for the 4 November local government elections.

The Electoral Court’s dismissal leaves that request unsuccessful at this stage.

The ANC nevertheless said its preparations for the elections would continue while its lawyers pursue the next legal steps.

“The ANC remains fully committed to the 2026 Local Government Elections. Our focus remains on presenting our programme to South Africans, engaging communities, and earning their support through our record and our policies for the betterment of communities,” the party said.

The legal dispute now moves to the ANC’s proposed appeal process as the timetable towards the 4 November elections continues.