The African National Congress (ANC) has approached the Constitutional Court in a bid to reinstate 181 candidates excluded from its candidate lists in six municipalities after a dispute over the Electoral Commission of South Africa’s (IEC) online nomination system.
At the centre of the legal battle is a seemingly simple question: does failing to click the final “submit as Final” button before the deadline mean a political party has failed to nominate its candidates properly?
The ANC argues that its candidates should not be disqualified because the party believes it fulfilled its obligations to submit the required information and documents. The IEC, however, maintains that political parties must follow the prescribed process and meet the deadlines.
The dispute could have significant consequences for the affected candidates and voters who want to elect ANC representatives in the upcoming local government elections.
The ANC is asking the apex court to overturn the decision that left the 181 candidates off its lists.
The party maintains that excluding the candidates could unfairly limit voters’ choices, arguing that its submissions should be assessed in terms of the law rather than a technical requirement of the online system.
Advocate Daniel Burger SC, representing the ANC, argued that the party was not asking the court to change the law.
He said it would be fundamentally unfair to exclude the candidates if the party had complied with its mandatory legal obligations.
The ANC has also insisted that it is not seeking special treatment, but wants its compliance to be assessed according to the law.
IEC says parties must follow the system
The IEC, which administers elections in South Africa, has defended its position, arguing that political parties must use the prescribed nomination system correctly.
Advocate Terry Motau, representing the commission, told the court that the online system was designed to give effect to the legal requirements governing candidate nominations.
His argument was that parties could not simply upload information and documents without completing the process required by the system.
The dispute centres on whether the ANC’s failure to click the final submission button meant its candidate nominations were incomplete, even if information had already been uploaded.
The IEC’s position is that the system’s requirements form part of the nomination process and must be followed.
The commission has also warned that changing the outcome at this stage could disrupt preparations for the elections.
It argues that ballot papers for the affected municipalities might not be printed on time if the court orders the candidates to be reinstated.
The IEC has stressed the importance of applying the same rules to all political parties.
DA warns against unequal treatment
The Democratic Alliance (DA) has also opposed the ANC’s position, arguing that election rules must be applied equally to every political party.
Advocate Michael Bishop, representing the DA, told the court that selectively enforcing the rules would undermine the fairness of the elections.
The DA’s argument is that no political party should receive an advantage by being allowed to correct or complete a submission after the deadline if other parties were required to comply with the same process.
The disagreement therefore goes beyond the missing button. It raises questions about whether the IEC’s electronic system properly reflects the requirements of the law and whether the same standards should apply to every party.
Election expert questions ANC’s chances
Terry Tselane, executive chairperson of the Institute of Election Management Services in Africa, has weighed in on the dispute.
In an interview with one of the broadcasters, Tselane believes the ANC could struggle to persuade the Constitutional Court to accept its argument.
He warned that allowing the candidates to be reinstated could amount to a “backdoor” arrangement that disadvantages other political parties that complied with the nomination requirements.
His comments reflect concerns that making an exception for one party could raise questions about equal treatment in the electoral process.
However, the ANC maintains that its case is about the correct interpretation of the law and whether a technical step in an online system should determine the eligibility of its candidates.
The Constitutional Court must consider the competing arguments, including the legal requirements for nominations, the operation of the IEC’s system and the possible consequences for election preparations.
The outcome will determine whether the 181 ANC candidates can be included on the lists for the six affected municipalities.
It also has the potential to clarify how electronic candidate nominations should be handled and what happens when a political party disputes whether it has completed the required submission process.
Until the court delivers its judgment, the central question remains whether the missing final click amounts to a failure to nominate candidates in accordance with the law.
