The Johannesburg High Court has ruled that the removal of ANC national executive committee member Andile Lungisa from the party's proportional representation candidate list in Nelson Mandela Bay be declared unconstitutional, unlawful, invalid and of no force or effect. The court directed the ANC and its secretary-general Fikile Mbalula to ensure that Lungisa's name is reinstated on the party's internal list. This decision was made in response to an urgent court application filed by Lungisa last month.
Lungisa had been placed at the top of the ANC's list for the Nelson Mandela Bay mayoral post, but was confidentially informed that Mbalula had personally instructed ANC officials to remove his name from the list. Lungisa alleged that the officials had acted on Mbalula's instruction, and sought an order declaring that his name was indeed on the list of ANC candidates and was improperly removed. The court has now ordered Mbalula and the ANC to pay Lungisa's legal costs.
The court's decision was made in accordance with Rule 6(12)(b) of the Uniform Rules of Court, which allows for urgent applications to be dealt with on a expedited basis. Judge Nelisa Mali ordered that Lungisa's non-compliance with the normal rules of the Court be condoned, and that the application be dealt with as a matter of urgency.
The court also directed that Lungisa's name be submitted as part of the supplementary list provided for under Item 17(1) of Schedule 1 to the Local Government: Municipal Structures Act 117 of 1998. This allows the ANC to supplement its list, and ensures that Lungisa's name is reinstated on the party's internal list.
The ANC's decision to remove Lungisa from the candidate list had been made ahead of the local government elections, which are set to take place in South Africa. Lungisa's removal from the list had been seen as a significant development in the run-up to the elections.
The court's decision is a significant victory for Lungisa, who had argued that his removal from the list was unlawful and unconstitutional. The ANC has been ordered to reinstate Lungisa's name on the party's internal list, and to pay his legal costs.
The outcome of the court's decision is likely to have significant implications for the ANC and its candidate selection process. The party will be required to ensure that Lungisa's name is reinstated on the list, and that he is given the opportunity to participate in the electoral process.
Key points
- The Johannesburg High Court has ruled that Andile Lungisa's removal from the ANC candidate list was unlawful.
- The court has ordered the ANC to reinstate Lungisa's name on the party's internal list.
- The decision has significant implications for the ANC's candidate selection process and the upcoming local government elections.
