The African National Congress (ANC) has approached the Constitutional Court in a bid to force the Electoral Commission of South Africa (IEC) to include 181 councillors on the 4 November ballot. The party is appealing the Electoral Court's decision to bar the 181 councillors, citing technical glitches that prevented them from submitting their nominations on time. According to the ANC, the councillors were nominated but not captured by the IEC's system due to circumstances beyond their control.
The ANC failed to submit the 181 candidates for six municipalities before the IEC's 5pm deadline on 28 August. The party claims that it submitted 97% of its lists but the remaining 3% was not captured due to technical issues. ANC secretary-general Fikile Mbalula said that the party's administrators were unable to press the "submit as final" button on the IEC's Online Candidate Nomination System (OCNS) before the deadline. The IEC maintains that without pressing this button, the ANC had not submitted nominations in those municipalities.
Mbalula argued that the Electoral Court's decision to uphold the IEC's position was incorrect. He claimed that pressing the "submit as final" button was merely an administrative step and not a condition of a valid electronic submission under the Act. The ANC is seeking recognition of the nominations that were in the IEC's system at the time of the deadline, without any changes or additions. This, the party argues, is a matter of law and not a request for special treatment.
The ANC's case is not just about its own nominations, but also about the implications for other parties and independent candidates. According to the IEC, 2 274 candidates from 45 political parties were captured on the OCNS but not "finally submitted" by the cut-off time. Of these, 480 are proportional representation candidates and 1 794 are ward candidates. The IEC described the ward nominations as having been "captured on time".
The ANC's application to the Constitutional Court is focused on a specific question of law. The party is not seeking an extension of the submission deadline or an individualized exemption. Rather, it is seeking a ruling on whether pressing the "submit as final" button is a necessary step for a valid electronic submission. The ANC argues that its interpretation of the Act would apply equally to all parties and independent candidates in similar circumstances.
The IEC's position has resulted in voters in the affected municipalities and wards being deprived of choices that Section 19 of the Constitution exists to protect. The ANC argues that its candidates were nominated in good time and that the IEC's system failed to capture them due to technical issues. The party is seeking a ruling that will allow its 181 councillors to be included on the ballot.
The Constitutional Court will now consider the ANC's appeal. The court's decision will have implications for the upcoming elections and for the interpretation of the Act. The ANC's case highlights the challenges of using electronic systems for candidate nominations and the need for clarity on the requirements for valid submissions.
Key points
- ANC approaches Constitutional Court to force IEC to include 181 councillors on 4 November ballot
- ANC cites technical glitches for failure to submit nominations on time
- Court's decision will have implications for upcoming elections and interpretation of the Act
