The Gauteng High Court has found that African National Congress (ANC) Secretary-General Fikile Mbalula had no power to remove Andile Lungisa from the party's list to contest the elections in Nelson Mandela Bay. In her ruling, Judge Nelisa Mali said that Mbalula transgressed his own party’s rules and the constitution when he struck Lungisa off the Nelson Mandela Bay election list at the eleventh hour.
Lungisa told the court that Mbalula instructed party officials to remove him. Lungisa, who was shortlisted as one of the ANC's mayoral candidates in Nelson Mandela Bay, dragged the party to court when his name did not appear after the IEC submission deadline. Lungisa stated that he was democratically selected by ANC branches in Nelson Mandela Bay, where he even topped this list of candidates for the local government elections.
In her judgment handed down on Friday, Judge Mali declared Lungisa's removal unconstitutional, unlawful and invalid “and of no force or effect”. Mali states that Lungisa’s name must be submitted as part of the supplementary list of candidates at the appropriate time, as afforded by the Local Government Municipal Structures Act.
The court's decision is a significant blow to Mbalula and the ANC, who have been facing challenges ahead of the local government elections. Mbalula's legal battles add to the ANC’s challenges, as the party seeks to regain control of key municipalities. The ANC has been facing internal conflicts and challenges in recent months.
Judge Mali ordered Mbalula and the ANC to pay Lungisa's legal costs. The court's ruling has been welcomed by Lungisa and his supporters, who have been fighting for his reinstatement on the ANC's election list. Lungisa's case has garnered significant attention in South Africa, with many calling for the ANC to respect its own rules and constitution.
The ANC has not released a statement on the court's ruling, but it is expected to appeal the decision. The party has been facing criticism for its handling of the candidate selection process, with many accusing Mbalula of interfering with the process. The court's ruling has raised questions about the ANC's internal democracy and its commitment to following its own rules.
The local government elections in South Africa are scheduled to take place in November 2026. The ANC is facing stiff competition from other parties, and the court's ruling has added to the party's challenges ahead of the elections. The outcome of the elections will have significant implications for the country's municipalities and the ANC's future.
Key points
- The Gauteng High Court has ruled that Fikile Mbalula unlawfully removed Andile Lungisa from the ANC's election list in Nelson Mandela Bay.
- The court's ruling has been welcomed by Lungisa and his supporters, who have been fighting for his reinstatement on the ANC's election list.
- The ANC has been facing challenges ahead of the local government elections, including internal conflicts and criticism over its handling of the candidate selection process.
