The Gauteng High Court has ruled that the removal of Andile Lungisa from the ANC's proportional list of candidates for Nelson Mandela Bay in the local government elections was unconstitutional, unlawful, and invalid. The court directed the ANC to restore and resubmit Lungisa's name on the PR list. This decision was made after Lungisa challenged the party's move, citing that he had attended the vetting process.
According to the judge, the ANC secretary-general, Fikile Mbalula, failed to adequately establish that Lungisa did not attend the vetting process. The evidence presented in court supported Lungisa's contention that he had attended the relevant vetting process. Even if some aspects of the vetting process remained incomplete, the respondents failed to establish that Mbalula had the authority to unilaterally remove Lungisa's name from the internal list.
The Electoral Commission of South Africa (ECSA) distanced itself from the court action, stating that it does not oppose the application in its substance. However, the commission highlighted the statutory limitations governing the submission and subsequent supplementation of party lists. The ECSA emphasized that the court cannot grant an order requiring the commission to act contrary to the governing electoral legislation.
The court ruled that the respondents, including Mbalula, must ensure that Lungisa's name is reinstated to the internal list of Luthuli House. The court also directed that Lungisa's name be submitted as part of the supplementary list provided under item 17(1) of schedule 1 to the Local Government: Municipal Structures Act. This directive allows the ANC to supplement its list.
The judgment was ordered with costs, and the ANC must comply with the court's directive. Lungisa's reinstatement on the list is a significant development in the run-up to the local government elections. The ANC's internal processes and decision-making have been called into question by the court's ruling.
The local government elections are scheduled to take place on November 4. The outcome of this court case may have implications for the ANC's electoral prospects in Nelson Mandela Bay. The party's ability to finalize its list of candidates has been impacted by the court's decision.
The court's ruling highlights the importance of adhering to internal processes and procedures within political parties. The ANC must now ensure that Lungisa's name is restored to the list and that all necessary steps are taken to comply with the court's directive. The party's leadership will need to review its internal processes to avoid similar disputes in the future.
Key points
- The Gauteng High Court has ruled that Andile Lungisa's removal from the ANC's proportional list was unconstitutional, unlawful, and invalid.
- The ANC must restore and resubmit Lungisa's name on the PR list.
- The judgment was ordered with costs, and the ANC must comply with the court's directive.
