The Electoral Commission of South Africa (IEC) is assessing the implications of Thursday’s Constitutional Court ruling in favour of the African National Congress (ANC), as questions mount over whether the decision could disrupt preparations for the November 4 local government elections.
The commission has accepted the court’s judgment and committed to implementing its order, but has yet to outline how it will accommodate the affected ANC candidates whose nominations were at the centre of the dispute.
The ruling overturns the Electoral Court’s earlier decision to exclude 181 ANC candidates across six municipalities after a dispute over the submission of candidate lists.
The ANC had approached the country’s highest court after the Electoral Court ruled against its attempt to have the affected candidates included in the election process.
The Constitutional Court’s decision marks a significant legal victory for the governing party, but its implementation presents the IEC with a logistical challenge with less than three weeks remaining before voters head to the polls.
In a statement following the judgment, the IEC said it respected the Constitutional Court as the final arbiter and would give effect to its order.
“While the Commission’s position throughout the proceedings has been guided by its interpretation of the applicable electoral legislation and the need to ensure consistent application with prescribed electoral processes, it recognises its constitutional obligation to implement the Court’s decision,” the Commission said.
It added that further details would be communicated once the necessary assessments had been completed.
The IEC maintained that preparations for the November 4 elections remained a priority and called on political parties and stakeholders to cooperate during the implementation process.
However, Terry Tselane, executive chairperson of the Institute of Election Management Services in Africa (IEMSA), in an interview with one of the broadcasters, said the commission could request a postponement of the elections to accommodate the logistical implications of the judgment.
Any postponement would introduce further uncertainty into the electoral timetable, although the IEC has not announced that it intends to seek one.
The commission’s next steps will be closely watched as it determines how to comply with the court order while maintaining the integrity of the electoral process and ensuring that preparations continue.
The ruling has also drawn sharp reactions from opposition parties, with the Democratic Alliance (DA) questioning the precedent it could establish for compliance with electoral deadlines.
DA Federal Council chairperson Ashor Sarupen said the party respected both the rule of law and the Constitutional Court’s judgment, but expressed concern about its implications for the application of electoral requirements.
“The judgement raises serious concerns about the precedent it sets for complying with the IEC’s deadlines and requirements, as the courts have held that strict mechanical compliance applies to deadlines in every matter up to now,” Sarupen said.
He accused the ANC of successfully reversing the consequences of its failure to submit candidate lists in six municipalities.
Sarupen argued that the court victory would not change the party’s electoral prospects, claiming the ANC was in decline and that the DA was focused on winning municipalities.
He also responded to ANC secretary-general Fikile Mbalula’s threats concerning the Government of National Unity, saying the DA would continue to defend what it regarded as the equal application of the law.
The ANC, meanwhile, welcomed the ruling as an affirmation of democratic participation and constitutional rights.
National spokesperson Mahlengi Bhengu said the party’s legal challenge was not intended to undermine the IEC but to resolve a dispute through the constitutional mechanisms available in South Africa’s democracy.
“The ANC reaffirms its confidence in the independence of the judiciary and the Electoral Commission, whose constitutional responsibilities remain central to the integrity and credibility of our elections,” Bhengu said.
The party pledged to cooperate with the commission in implementing the judgment and said it remained focused on engaging communities, addressing service delivery challenges and advancing accountable local government.
But the implications of the ruling may extend beyond the ANC.
The Afrika Mayibuye Movement welcomed the judgment, particularly its recognition of candidates whose information and supporting documents had been captured on the IEC’s online candidate nomination system but were not reflected as finally submitted.
However, the movement argued that the relief granted to the ANC should not be confined to one political party if other parties experienced materially similar circumstances.
It called on the IEC to identify all parties whose candidate information had been captured before the deadline and to admit every qualifying candidate who met the same factual and legal requirements applied to the ANC.
The movement said candidates should not have to pursue separate, costly court applications to benefit from a constitutional principle already determined by the highest court.
It argued that electoral procedures should protect democratic participation rather than unjustifiably exclude eligible candidates.
The debate now centres on how the IEC will implement the judgment, whether other parties could seek similar relief and whether the remaining election preparations can proceed without disruption.
With the November 4 poll approaching, the commission faces the task of giving effect to the court order while providing political parties and voters with clarity about the process ahead.
