The ANC’s already troubled councillor candidate selection process in the Eastern Cape is facing fresh legal scrutiny, with party member Lwazi Rotya threatening further court action over alleged irregularities in the nomination of local government election candidates.
In a letter dated August 24 and addressed to ANC Secretary-General Fikile Mbalula, with a copy sent to Electoral Committee chairperson Kgalema Motlanthe, attorneys acting for Rotya accused the party of failing to properly administer its candidate selection process ahead of the November local government elections.
The warning comes at a politically sensitive time for the ANC as it prepares for municipal polls while also looking ahead to its crucial 2027 national conference.
Rotya has emerged as a prominent legal challenger within the party, having already secured several court victories this year, including an interdict against the ANC’s Eastern Cape provincial conference and a successful challenge to the appointment of the provincial task team.
Allegations of procedural violations
At the heart of the dispute are allegations that ANC guidelines governing the nomination of councillor candidates were not followed.
According to Rotya, the party’s prescribed process requires a branch general meeting to nominate candidates, followed by a community meeting, and then a final branch general meeting to confirm the nomination.
His attorneys allege this process was not followed in Ward 20 of the Dr WB Rubusana Region, where both the community meeting and final branch meeting allegedly did not take place.
More significantly, Rotya argues that the alleged irregularities extend beyond a single ward.
In their letter, the law firm Makangela Mtungani Inc claims similar violations are widespread across the province and that appeals lodged by dissatisfied members and branches have either not been addressed or remain incomplete.
“The ANC processes that would involve branch general meeting nominating candidate, then the community meeting and thereafter the branch general meeting have been flouted,” the attorneys wrote.
“Our clients have instructed us that this was not an isolated incident. On the contrary such violations are known to be widespread across the Eastern Cape Province.”
Pressure mounts on the secretary-general’s office
The complaints place the ANC’s national leadership, particularly the Secretary-General’s Office (SGO), under increasing pressure.
Rotya’s lawyers described the situation as a “chaotic situation characterised by illegality and recklessness” and argued that it has been allowed to continue without adequate intervention from the party’s administrative leadership.
The dispute raises broader questions about the ANC’s ability to manage internal electoral processes fairly and transparently, especially when internal appeals mechanisms appear to be under strain.
While the letter does not present evidence that the candidate selection process is being manipulated to influence future leadership contests, the controversy comes as internal political alignments ahead of the ANC’s 2027 conference are expected to intensify.
As a result, party processes face heightened scrutiny from members concerned about organisational integrity and accountability.
Electoral credibility at stake
The dispute threatens to create political complications for the ANC as it prepares to contest municipal elections on promises of better governance, improved service delivery and stronger accountability.
Critics argue that unresolved disputes over candidate selection undermine those messages by raising questions about whether the party is applying its own rules consistently.
Every internal appeal and court challenge risks consuming organisational resources, deepening factional tensions and projecting an image of a party preoccupied with internal battles rather than election campaigning.
For the ANC leadership, the issue extends beyond a single ward or region. It has become a test of whether party structures can resolve disputes internally and demonstrate confidence in the legitimacy of their own processes.
Threat of further litigation
Rotya’s legal team has warned that failure to address the concerns could result in yet another court challenge.
“We are specifically instructed to inform you … that any failure to urgently address these and other matters of concern which have been pertinently raised by other members in the past few weeks will inevitably lead to unnecessary legal action at the instance of our client,” the attorneys stated.
Responding on the sidelines of the ANC’s extended National Executive Committee meeting on Tuesday, Mbalula acknowledged the ongoing litigation challenges facing the party in the Eastern Cape.
“Rotya is a determined force that is beyond us,” Mbalula said.
“It is manifesting itself through the litigation process, but the ANC will answer as it presents itself.
“We should be having a provincial conference and done and dusted but we had to confront a rigorous and aggressive litigation in the province of the Eastern Cape.”
With the November local government elections approaching, the dispute threatens to deepen concerns over the ANC’s internal governance and could further test the credibility of the party’s candidate selection process if it ultimately returns to court.
- ANC member Lwazi Rotya is threatening further legal action over alleged irregularities in the Eastern Cape candidate nomination process for the November local government elections.
- Rotya's attorneys claim that ANC procedures requiring a branch general meeting, a community meeting, and a confirming branch meeting were not followed in Ward 20 of the Dr WB Rubusana Region.
- The law firm Makangela Mtungani Inc alleges similar violations are widespread across the Eastern Cape and that appeals by members have been ignored or left incomplete.
- ANC Secretary-General Fikile Mbalula acknowledged ongoing litigation in the Eastern Cape and described Rotya as a "determined force" challenging the party's processes.
- Rotya's legal team warns that failure to address these concerns promptly will result in more court challenges, threatening the ANC's candidate selection credibility ahead of the elections.
