Andile Lungisa, a member of the ANC National Executive Committee (NEC), has taken the ANC and its secretary-general, Fikile Mbalula, to court over his exclusion from the party's proportional representation candidate list for the Nelson Mandela Bay mayoral bid. Lungisa's eligibility has been contested since his mayoral bid became public in July due to his 2016 conviction for assault with intent to cause grievous bodily harm.
Lungisa was convicted of assaulting DA councillor Rano Kayser with a glass jug during a Nelson Mandela Bay council meeting and was sentenced to two years in prison. He has argued that the constitutional five-year disqualification period had expired after he completed his sentence in 2020. However, Mbalula claims that Lungisa's candidacy was invalid due to adverse findings on his name and that the party had no official record confirming that his criminal record had been expunged.
Mbalula stated that Lungisa was not removed for any personal reason and that the election committee independently determined his candidacy invalid. He also mentioned that every candidate had to be subjected to vetting by an agency appointed by the ANC and overseen by the electoral committee. The ANC is asking the court to strike Lungisa's application from the urgent roll or dismiss it with costs.
Lungisa and incumbent Nelson Mandela Bay mayor Babalwa Lobishe have emerged as the leading contenders for the ANC's mayoral nomination in Nelson Mandela Bay, intensifying divisions within the party's regional structures. Mbalula wrote to all provincial and regional secretaries on 26 September, following a National Working Committee (NWC) meeting, saying that mayoral candidates would be included on the PR list after the elections.
The court has reserved judgment, with a ruling expected on 12 October. Lungisa expressed confidence that the court would rule in his favor, stating that the ANC could not answer whether it had the authority to remove his name from the PR list. He also mentioned that the matter of his conviction was long dead and that the five-year period had lapsed.
Mbalula's intervention drew criticism from some ANC supporters on Facebook, with several accusing him of trying to override the will of branches that had backed Lungisa for mayor. Some supporters expressed their support for Lungisa, stating that the majority of their branches nominated him and that he was their preferred candidate for mayor.
The ANC's internal divisions and Lungisa's court battle have highlighted the challenges facing the party in Nelson Mandela Bay. The outcome of the court ruling and the party's mayoral nomination process will likely have significant implications for the ANC's performance in the local government elections.
Key points
- Andile Lungisa challenges ANC's exclusion from Nelson Mandela Bay mayoral bid
- Lungisa's eligibility contested due to 2016 conviction for assault
- Court ruling expected on 12 October