The ANC has secured a major political victory after the Constitutional Court overturned an Electoral Court decision that excluded 181 of its candidates from contesting the November 4 local government elections, prompting an emotional reaction from party secretary-general Fikile Mbalula.

In a majority judgment delivered by Justice Nathi Mathopo, the apex court granted the ANC leave to appeal and upheld its appeal, directing the Electoral Commission of South Africa (IEC) to include the affected party lists and ward candidate nominations in six municipalities.

“Leave to appeal is granted, condonation is granted, the appeal is granted,” Mathopo said while delivering the ruling.

The judgment overturns the Electoral Court’s earlier decision to reject the ANC’s application to have its candidate lists accepted as submitted, despite the party arguing that a technical glitch had prevented the final submission of its nominations.

Two justices dissented, while the court is expected to provide its full reasons for the judgment later.

The ruling removes a significant obstacle to the ANC’s participation in the affected municipalities across the Eastern Cape, KwaZulu-Natal and Free State, where its candidates had faced exclusion following the disputed online submission process.

The dispute centred on the August 28 deadline for submitting candidate nominations. The ANC maintained that it had uploaded its candidates’ details and paid the required deposits before the deadline but failed to click the final submission button on the IEC’s online system.

The IEC treated the nominations as not having been formally submitted, resulting in the exclusion of 181 ANC candidates across six municipalities.

The ANC challenged the decision, arguing that the circumstances warranted intervention. However, the Electoral Court previously rejected its application, leaving the party facing the prospect of contesting the elections without the affected candidates.

The Constitutional Court’s intervention now clears the way for the ANC to contest the affected wards, dealing a setback to the previous ruling and resolving a politically consequential dispute ahead of the elections.

Mbalula emotional as ANC celebrates victory

The judgment triggered an emotional response from Mbalula, who appeared close to tears as the ruling was delivered.

The ANC secretary-general thanked party president Cyril Ramaphosa for his support during the legal battle, presenting the outcome as a significant moment for the governing party as it prepares for the local government elections.

Mbalula also turned his attention to the party’s political opponents, saying those standing against the ANC were known.

“Those who stand against us are known,” he said.

He further called for a review of the Democratic Alliance’s participation in the Government of National Unity (GNU), injecting a fresh political dimension into the aftermath of the court ruling.

His remarks raise questions about the relationship between the ANC and its GNU partners as the parties prepare to compete against one another in the local government elections.

The DA’s position in the GNU and its electoral contest with the ANC are separate political issues, but Mbalula’s comments signal that the dispute could feed into broader tensions between the governing party and its partners.

IEC faces implementation of court order

The IEC has been directed to include the affected ANC party lists and ward nominations in the electoral process, allowing the candidates to contest the November polls.

The judgment comes at a critical stage of preparations for the elections, with the candidate nomination process having already generated a legal dispute that threatened to affect the ANC’s electoral prospects in the six municipalities.

The full reasons for the Constitutional Court’s decision are expected to clarify the legal considerations behind the majority ruling and the basis on which the appeal succeeded.

For the ANC, however, the immediate outcome is clear: its 181 excluded candidates have been given a route back into the electoral contest, averting a potentially damaging setback ahead of the November 4 elections.