The African National Congress (ANC)’s disputed Eastern Cape candidate lists will stand after the Electoral Court dismissed an application by two party members seeking to overturn the party’s nominations for the country’s Local Government Elections on November 4.
In a judgment delivered by Judge Leicester Rock Adams, sitting with Shongwe AJ and Professor Phooko, the court dismissed the application brought by Freedom Nkululeko Jojiyasi and Masande Mambulu.
The pair challenged the party’s candidate-selection process in the Eastern Cape, alleging that internal procedures had not been followed and that disputes and appeals relating to nominations had not been properly resolved.
They alleged that disputes affecting 24 wards remained unsettled and that the Eastern Cape Provincial Executive Committee had failed to publish the approved party and ward candidate lists on the ANC website, as required by the party’s candidate-selection guidelines. This, they said, deprived members of an opportunity to scrutinise the lists and lodge objections within the prescribed 48-hour period.
They asked the court to set aside the ANC National Executive Committee’s ratification of the candidate lists, prevent the registration of disputed candidates with the Electoral Commission of South Africa (IEC), and compel the party to produce revised lists.
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But Adams found that the applicants had not established that the alleged irregularities had materially undermined the candidate-selection process as a whole.
Adams said that the evidence did not establish that the nomination and selection processes had been undermined in a way that materially affected the process overall.
ANC’s version
The ANC denied the allegations by the two members, arguing that the candidate lists had been published on a dedicated webpage, with controlled access to protect candidates’ personal information, and that disputes raised by members had been dealt with through its internal processes.
Secretary-general Fikile Mbalula cited examples of complaints that had been investigated and resolved, including a dispute over the Ward 8 nomination in Matatiele, where the Provincial Lists Committee had set aside the nomination process and ordered it to be repeated.
READ MORE: Momentum builds for ANC to dump DA after municipal elections
The judge held that the party’s version had to be accepted on the papers, concluding that the application therefore had to be dismissed.
The ruling does not amount to a finding that every aspect of the ANC’s candidate-selection process was beyond criticism.
Rather, the court found that the applicants had not proved the case required to set aside the nominations.
No special extension
The judgment also dealt with the election timetable and the limits of the IEC’s powers.
The applicants sought relief that would have allowed the disputed candidate lists to be revisited after the submission deadline. However, Adams made clear that the IEC could not grant an individual political party an exemption from a statutory deadline that continued to bind all parties.
The Municipal Electoral Act allows for changes to the election timetable through a general amendment where necessary, but does not empower the IEC to grant one party an individual extension.
Further questions
The judgment also recorded questions within the ANC about changes to its Eastern Cape candidate list shortly before the submission deadline.
According to a letter from Mbalula dated September 9, 2026, a forensic auditor had been appointed to investigate changes made to the provincial candidate list between August 27 and 28.
The judgment does not provide the outcome of that investigation. It is therefore not clear from the court record what the audit found or whether anyone was held accountable for the changes.
The application was dismissed, with no order as to costs.
- The Electoral Court dismissed a challenge by two ANC members aiming to overturn the party's Eastern Cape candidate lists for the Local Government Elections on November 4.
- Applicants Freedom Nkululeko Jojiyasi and Masande Mambulu alleged procedural irregularities and unresolved disputes affecting 24 wards in the ANC’s candidate-selection process.
- Judge Leicester Rock Adams ruled that the applicants failed to prove that alleged irregularities materially undermined the candidate-selection process overall.
- The ANC denied the allegations, stating candidate lists were published on a secure webpage and internal disputes had been managed according to party procedures.
- The court clarified that the IEC cannot grant individual parties extensions past statutory nomination deadlines and dismissed the application without costs.
The African National Congress (ANC)’s disputed Eastern Cape candidate lists will stand after the Electoral Court dismissed an application by two party members seeking to overturn the party’s nominations for the country’s Local Government Elections on November 4.
In a judgment delivered by Judge Leicester Rock Adams, sitting with Shongwe AJ and Professor Phooko, the court dismissed the application brought by Freedom Nkululeko Jojiyasi and Masande Mambulu.
The pair challenged the party’s candidate-selection process in the Eastern Cape, alleging that internal procedures had not been followed and that disputes and appeals relating to nominations had not been properly resolved.
They alleged that disputes affecting 24 wards remained unsettled and that the Eastern Cape Provincial Executive Committee had failed to publish the approved party and ward candidate lists on the ANC website, as required by the party’s candidate-selection guidelines. This, they said, deprived members of an opportunity to scrutinise the lists and lodge objections within the prescribed 48-hour period.
They asked the court to set aside the ANC National Executive Committee’s ratification of the candidate lists, prevent the registration of disputed candidates with the Electoral Commission of South Africa (IEC), and compel the party to produce revised lists.
READ: Lulama Ngcukayitobi launches ANC Eastern Cape chair bid
But Adams found that the applicants had not established that the alleged irregularities had materially undermined the candidate-selection process as a whole.
Adams said that the evidence did not establish that the nomination and selection processes had been undermined in a way that materially affected the process overall.
The ANC denied the allegations by the two members, arguing that the candidate lists had been published on a dedicated webpage, with controlled access to protect candidates’ personal information, and that disputes raised by members had been dealt with through its internal processes.
Secretary-general Fikile Mbalula cited examples of complaints that had been investigated and resolved, including a dispute over the Ward 8 nomination in Matatiele, where the Provincial Lists Committee had set aside the nomination process and ordered it to be repeated.
READ MORE: Momentum builds for ANC to dump DA after municipal elections
The judge held that the party’s version had to be accepted on the papers, concluding that the application therefore had to be dismissed.
The ruling does not amount to a finding that every aspect of the ANC’s candidate-selection process was beyond criticism.
Rather, the court found that the applicants had not proved the case required to set aside the nominations.
The judgment also dealt with the election timetable and the limits of the IEC’s powers.
The applicants sought relief that would have allowed the disputed candidate lists to be revisited after the submission deadline. However, Adams made clear that the IEC could not grant an individual political party an exemption from a statutory deadline that continued to bind all parties.
The Municipal Electoral Act allows for changes to the election timetable through a general amendment where necessary, but does not empower the IEC to grant one party an individual extension.
The judgment also recorded questions within the ANC about changes to its Eastern Cape candidate list shortly before the submission deadline.
According to a letter from Mbalula dated September 9, 2026, a forensic auditor had been appointed to investigate changes made to the provincial candidate list between August 27 and 28.
The judgment does not provide the outcome of that investigation. It is therefore not clear from the court record what the audit found or whether anyone was held accountable for the changes.
The application was dismissed, with no order as to costs.
