The African Transformation Movement (ATM) has moved to intervene in the Electoral Court battle between the ANC and the Electoral Commission of South Africa (IEC), arguing that it has a substantial interest in the matter as a registered political party.
In a letter dated September 8, ATM’s attorneys, Ashersons Attorneys, informed the Electoral Court that the party had instructed them to seek intervention in the case.
The matter stems from an application brought by the ANC before the Electoral Court on September 4 against the IEC. The case has been set down for hearing on September 15 at 4pm.
ATM’s lawyers said the party intended to make written submissions to the court and present oral arguments when the matter is heard.
“Our client holds a substantial interest herein as a registered political party,” the attorneys said in correspondence addressed to the Electoral Court.
The party has asked the court to allow it to file its written submissions by noon on Friday, September 11, and to participate in the hearing.
READ: Setumo Stone | ANC’s likely heads of argument before Electoral Court
ANC disputes IEC submission process
Mbalula said the ANC was not asking the IEC to accept late nominations or extend the deadline.
Instead, the party wants the Electoral Court to determine whether candidate information that had already been uploaded onto the IEC’s electronic system before the August 28 deadline should be regarded as having been validly submitted.
The ANC has maintained that technical problems prevented its operators from completing the final step of the electronic submission process.
Mbalula said the party had registered 8 947 of the 9 128 candidates it submitted nationally, with the dispute affecting 181 candidates, comprising 130 proportional representation candidates and 51 ward candidates.
Legal arguments focus on deadline ruling
The legal case comes from an Electoral Court judgment involving the United Democratic Front Party (UDF), which rejected a bid to extend the candidate nomination deadline. The judgment found that the IEC did not have the power to condone a missed deadline, although the ANC has sought to distinguish its case by arguing that its information was already captured before the deadline and that the dispute concerns whether that amounted to a valid submission.
However, Mbalula has argued that the ANC’s legal bid cannot be compared with that of the UDF.
- The African Transformation Movement (ATM) has sought to intervene in the Electoral Court case between the ANC and the IEC as a registered political party.
- ATM instructed Ashersons Attorneys to seek intervention and requested to file written submissions by September 11 and participate in the hearing on September 15.
- The ANC's legal challenge revolves around whether candidate information uploaded electronically before the August 28 deadline but not officially submitted should be considered valid.
- ANC secretary-general Fikile Mbalula denied claims that the ANC sought special treatment from the IEC, stating the party wants the court to determine the validity of the submissions.
- The case was prompted by an Electoral Court ruling involving the United Democratic Front Party, which found the IEC could not condone missed nomination deadlines.
In a letter dated
ATM’s lawyers said the party intended to make written submissions to the court and present oral arguments when the matter is heard.
“Our client holds a substantial interest herein as a registered political party,” the attorneys said in correspondence addressed to the Electoral Court.
READ: Setumo Stone | ANC's likely heads of argument before Electoral Court
Instead, the party wants the Electoral Court to determine whether candidate information that had already been uploaded onto the IEC’s electronic system before the August 28 deadline should be regarded as having been validly submitted.
However,
