ANC Defends Candidate Submissions

JOHANNESBURG, 13 October 2026 — The African National Congress (ANC) has maintained that it fulfilled the legal requirements for submitting its candidates ahead of South Africa’s 2026 local government elections, despite a dispute with the Electoral Commission of South Africa (IEC) over an incomplete electronic submission process. DA Warns Of Election Chaos

The governing party’s former majority status is not at issue in the case. Instead, the Constitutional Court is being asked to determine whether candidate information uploaded to the IEC’s online system before the deadline can legally count as a completed nomination without a final confirmation.

The dispute involves 181 ANC candidates across six municipalities, whose nominations were rejected after the party failed to complete the final submission step before the deadline on 28 August 2026.

The ANC argues that the IEC already possessed the necessary information and supporting documents before the deadline expired.

ANC Challenges IEC Submission Rules

During Constitutional Court proceedings on Monday, 12 October, the ANC’s legal representative, Advocate Daniel Berger, argued that the party had completed the required electronic forms, uploaded supporting documents and paid the necessary deposits.

According to the ANC, the outstanding step was clicking the IEC’s “Submit as Final” button.

Berger argued that this additional confirmation requirement was not expressly contained in electoral legislation or regulations.

The ANC maintains that electronically saving and uploading its nominations should constitute submission because the IEC had received the information within the prescribed period.

The party’s legal argument distinguishes between the requirements established by electoral law and the operational procedures built into the IEC’s online nomination platform.

IEC Rejects ANC’s Interpretation

The IEC has disputed the ANC’s position, arguing that uploading documents does not automatically constitute a completed candidate nomination.

Representing the commission, Advocate Terry Motau maintained that political parties were familiar with the Online Candidate Nomination System and its procedures.

The IEC argues that the final confirmation step is an essential part of the electronic submission process and that the same rules must apply to all participating parties.

The commission also disputes suggestions that technical problems prevented the ANC from completing the process.

According to the IEC, the ANC successfully completed nominations elsewhere, demonstrating that it understood how the system operated.

Constitutional Court Examines Electoral Rights

The case has raised questions about the relationship between administrative procedures and constitutional political rights.

Section 19 of the South African Constitution protects political rights, including the right of eligible citizens to stand for public office and participate in free and fair elections.

The ANC argues that excluding candidates whose information was already available on the IEC’s system could restrict political participation and limit voters’ choices.

During the hearing, Constitutional Court justices questioned the legal significance of the final confirmation requirement.

The court also examined whether political parties must comply with the full electronic process once they elect to use it.

The central question is whether the final confirmation step is legally necessary for a valid nomination or simply an administrative function.

DA Opposes ANC Application

The Democratic Alliance (DA) has opposed the ANC’s application, arguing that accepting the disputed nominations could create broader difficulties for election administration.

The DA maintains that electoral rules must be enforced consistently across political parties.

Its legal representative, Advocate Michael Bishop, warned that allowing the ANC’s nominations could require similar consideration for other candidates whose submissions were not finalised.

The opposition party argues that such an outcome could complicate ballot preparations ahead of the elections scheduled for 4 November 2026.

The ANC rejects the suggestion that it is requesting special treatment, maintaining that its application concerns the correct interpretation of electoral legislation.

Six Municipalities At Centre Of Dispute

The affected municipalities are:

• Port St Johns, Eastern Cape
• Ingquza Hill, Eastern Cape
• Walter Sisulu, Eastern Cape
• Sundays River Valley, Eastern Cape
• Mangaung, Free State
• uMshwathi, KwaZulu-Natal

The ANC wants the Constitutional Court to overturn the decision preventing the affected candidates from participating in the elections.

The Electoral Court previously rejected the party’s challenge, prompting its appeal to the Constitutional Court.

Why The ANC Candidate Case Matters

The Constitutional Court’s eventual ruling could clarify how electronic nomination procedures should be interpreted under South African electoral law.

The case involves two competing considerations: the protection of electoral participation and the need for predictable, consistently enforced nomination deadlines.

A ruling on the status of electronically uploaded but unconfirmed candidate information may also guide future electoral administration.

For political parties, the dispute highlights the importance of understanding both statutory nomination requirements and the practical procedures used by the IEC.

For voters, the decision will determine whether the disputed ANC candidates may participate in the affected municipal elections.

Constitutional Court Reserves Judgment

The Constitutional Court reserved judgment after hearing arguments from the ANC, IEC and DA on Monday.

The court acknowledged the urgency of the matter, given the approaching local government elections.

Until a judgment is delivered, the legal status of the affected nominations remains unresolved.

The ANC maintains that it complied with the law, while the IEC insists that the final electronic submission process was not completed.

Ubuntu9Media will continue monitoring the Constitutional Court proceedings and the implications of the eventual ruling for South Africa’s local government elections.