UPDATE: Electoral Court rules on ANC candidate list battle with IEC | The Citizen

The Electoral Court has dismissed the ANC’s attempt to have its councillors included on the ballot after missing the 28 August nomination deadline in six provinces.

The court handed down its order on Wednesday after holding a virtual sitting late Tuesday afternoon to hear arguments from the ANC and the Electoral Commission of South Africa (IEC).

The ANC last week claimed technical glitches prevented it from submitting a full candidate list, with secretary-general Fikile Mbalula later admitting its list contained inaccurately captured ID numbers.

The ANC had earlier filed papers with the Electoral Court to review the IEC’s decision not to reopen the submissions process.

Arguing on behalf of the ANC, Advocate Daniel Berger suggested the actions required to be taken to constitute a submission were not clearly defined.

“The commission’s position is that because you did not click the button, as a matter of law, you are excluded from the election.

“So, their position is informed by their interpretation of the law. They have made a decision that we are disqualified from participating in the election because we have failed to click the button.

“We are asking this court to interpret the Municipal Electoral Act and to declare that the ANC complied with the election timetable in respect of the six municipalities and to direct the commission to process the ANC’s compliant nominations in those six municipalities,”

“We are not asking this court to condone non-compliance. We are not asking this court to direct the commission to condone non-compliance,” said Berger.

The IEC’s statement argued that by the ANC pre-empting the IEC’s decision to close the process by submitting an application to the Electoral Court, as well as its previous public comments on missing the deadline, left the party’s argument thin.

“We are trying to show you by the chronology that no issue of interpretation arose, either in the form, shape or manner, as was presented to the court through this referral,” the IEC stated.

Almost immediately after the court’s decision on Wednesday, Mbalula stated that the ANC would exercise the legal rights it had available to it.

“We have consistently maintained that this matter is not about seeking preferential treatment for the ANC, nor about asking the Electoral Commission to change the rules for the benefit of our organisation.

“It concerns the legal status of candidate information that the ANC maintains was captured into the IEC’s electronic system before the prescribed deadline,” stated the SG.

Mbalula reiterated the party’s commitment to the elections, urging members to focus on their election preparations.

“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,” he stated.

Political Analyst Professor Andre Duvenhage expects to ANC to exhaust every possible legal avenue, even it means taking the matter to Constitutional Court.

However, he says time is not on the party’s side and neither was the lack of political support inside and outside the party to push through a favourable result.

“I don’t know if the ANC has the ability to force a political decision through that may change the rules of the game, in one way or another.

“They are going to find it difficult because they in a government of national unity and I am not seeing a lot of sympathy from their strategic partners,” Duvenhage told The Citizen.

He said both Mbalula and even President Cyril Ramaphosa could have their reputations and standing within the party damaged, and that the long-term effect could be felt all the way to 2029.

“I believe that this is going to be an election that is going to change the political landscape in South Africa, not only on a local level, but other levels as well.

“The impact of this will be felt throughout society and the ANC are in their weakest position since 1994,” Duvenage concluded.