The African National Congress (ANC) has announced its intention to appeal a Johannesburg High Court ruling that declared the removal of Andile Lungisa from its Nelson Mandela Bay candidate list unlawful and unconstitutional. The party stated that it respects the independence of the judiciary but believes the judgment raises fundamental questions about the organisational autonomy of political parties. The ANC's decision to appeal comes after the court ordered the party to reinstate Lungisa on its proportional representation candidate list for Nelson Mandela Bay Municipality.
The Johannesburg High Court, in a ruling by Judge NP Mali, found that ANC secretary-general Fikile Mbalula had acted unlawfully and unconstitutionally by unilaterally removing Lungisa from the party's Nelson Mandela Bay candidate list shortly before the Electoral Commission of South Africa's (IEC) deadline. The court declared the removal unconstitutional, unlawful, and invalid. Judge Mali ordered Mbalula, the ANC, and its national executive committee to restore Lungisa's name to the party's internal list immediately and to pay Lungisa's legal costs on the punitive attorney-and-client scale.
According to the ANC, candidate selection is an organisational responsibility governed by its constitution, established guidelines, and collective decision-making structures. The party maintains that the judgment raises important legal questions about the interpretation and application of its internal rules, particularly the authority to enforce candidate eligibility requirements and uphold organisational discipline. The ANC believes that these matters warrant further judicial consideration to ensure clarity on the constitutional relationship between political parties, their internal democratic processes, and the courts.
Andile Lungisa, a member of the ANC's national executive committee, was announced as a shortlisted mayoral candidate at a party event on August 22. The committee finalised the candidate lists, including his name, around August 27. However, on August 28, less than five hours before the IEC deadline, Lungisa discovered that his name had been removed. Mbalula cited Lungisa's failure to attend vetting and biometric fingerprinting and demanded official proof that his criminal record had been expunged.
The ANC also raised concerns about Lungisa's criminal record, arguing that the date he was released on parole did not establish when his sentence had ended. Lungisa was sentenced on May 9, 2018, to three years in prison, with one year suspended, after hitting Democratic Alliance councillor Ryno Kayser with a glass water jug during a Nelson Mandela Bay council meeting in 2016. He began serving his sentence on September 17, 2020, and argued that five years had elapsed by May 9, 2025, making him eligible to stand for election.
The IEC, which did not oppose the application, told the court it could accept Lungisa's name only on a supplementary list. Such a list may be called for after the election if the ANC's candidate list contains fewer names than the number of seats it wins. Judge Mali ordered that Lungisa's name be included on any such supplementary list. The judge rejected Lungisa's request to hold Mbalula personally liable, finding that the court papers did not establish bad faith or a personal motive.
The appeal follows a ruling that came too late for Lungisa to be included on the ballot for the November 4 local government elections. Despite this, the ANC reaffirmed its commitment to organisational discipline, democratic centralism, and the collective authority of its constitutional structures. The party called on members to remain united and focused on securing an electoral mandate. The ANC will pursue the appropriate legal remedies while addressing the concerns raised by the judgment.
Key points
- The ANC will appeal a Johannesburg High Court ruling that declared the removal of Andile Lungisa from its Nelson Mandela Bay candidate list unlawful and unconstitutional.
- The court found that ANC secretary-general Fikile Mbalula had acted unlawfully and unconstitutionally by unilaterally removing Lungisa from the party's Nelson Mandela Bay candidate list.
- The ANC maintains that candidate selection is an organisational responsibility governed by its constitution, established guidelines, and collective decision-making structures.
