The Electoral Commission of South Africa (IEC) has opposed a legal challenge by the Democratic Alliance (DA) against four parties that submitted single candidate lists for the November local government elections. The DA had approached the Electoral Court, arguing that the move by ActionSA, the Economic Freedom Fighters (EFF), the GOOD Party, and the MK Party was a deliberate attempt to "hide candidate choices from voters".
According to the IEC, the DA's case is "without merit in law" and the party's arguments are "factually opportunistic and legally specious". Chief electoral officer Sy Mamabolo, in his responding affidavit, said the commission did not agree with the reopening of nominations for the four parties and the direction that it determines whether new lists were submitted in good faith.
The IEC argued that the DA's complaint is not that the lists fail to comply with the Electoral Act, but that the four parties submitted them for the wrong reason. Mamabolo said the commission has no power to enquire into the motives of a party that complies with the requirements, and the scheme does not permit it to treat one party differently from another on that basis.
The commission called into question the timing of the DA's application at the Electoral Court, warning of its potential to disrupt the IEC's timeline leading up to the November 4 contests. The application was brought on September 21, 2026, weeks before voting day, after nominations had closed and the lists had been certified.
Mamabolo insisted that the commission does not support either side in the dispute between the DA and the four parties. He said the commission's position is based on a single consideration - that the Electoral Act and the Structures Act prescribe objective requirements which the commission must apply to every party in the same way.
The IEC chief explained that the commission's role is to apply the statutory scheme to answer the allegation that it erred in certifying the lists, and to place before the court the facts it will need in deciding what relief is competent and workable. The relief sought by the DA would be seriously disruptive and would put the integrity of the elections at risk.
The IEC's opposition to the DA's challenge comes as the country prepares for the local government elections on November 4. The commission's stance is that it will apply the law as prescribed, without considering the motives of the parties involved.
Key points
- The IEC has opposed the DA's legal challenge against four parties that submitted single candidate lists for the November local government elections.
- The commission argues that the DA's case is "without merit in law" and the party's arguments are "factually opportunistic and legally specious".
- The IEC warns that the relief sought by the DA would be seriously disruptive and would put the integrity of the elections at risk.
