JOHANNESBURG, South Africa : South Africa’s Constitutional Court has reserved judgment in a dispute that could determine whether 181 African National Congress (ANC) candidates can contest the country’s local government elections on 4 November 2026.
The case centres on the ANC’s failure to complete the final submission of candidate lists in six municipalities before the Electoral Commission of South Africa’s (IEC) deadline on 28 August. Although the party uploaded its candidates’ information, it did not click the final confirmation button on the commission’s electronic nomination system.
The ANC argues that it fulfilled the legal requirements by uploading the necessary documents, completing the electronic forms and paying the required deposits before the deadline. Its legal representatives maintain that the additional requirement to select the system’s “Submit as Final” button does not appear in electoral legislation or regulations.
However, the IEC insists that uploading information does not constitute a completed nomination. It argues that political parties must follow the prescribed electronic submission process and that the ANC was familiar with the requirements.
The dispute affects Port St Johns, Ngquza Hill, Walter Sisulu and Sundays River Valley in the Eastern Cape, Mangaung in the Free State and uMshwathi in KwaZulu-Natal.
During Monday’s hearing, Constitutional Court justices questioned whether an administrative requirement could lawfully prevent candidates from participating in an election. They also examined the ANC’s failure to complete a process it had successfully followed in hundreds of other municipalities.
The Democratic Alliance (DA), which has joined the proceedings, opposes the ANC’s application. It argues that allowing the party to bypass the final submission requirement could undermine electoral fairness and create complications for the IEC.
The implications extend beyond the ANC. According to information presented during the proceedings, 2,274 candidates from various political parties had their information captured on the IEC’s system without completing the final submission process.
A ruling in the ANC’s favour could therefore raise questions about whether other affected parties should receive similar treatment. Conversely, upholding the IEC’s decision would reinforce the importance of meeting electoral deadlines and completing the required administrative procedures.
The ANC previously challenged the commission’s decision in the Electoral Court but failed to overturn the exclusion of its candidates. Its Constitutional Court application represents a further attempt to secure their participation before voting begins.
With South Africa’s municipal elections approaching, the dispute has also drawn attention to the relationship between electoral administration and constitutional rights.
Municipal councils play a central role in delivering water, electricity, sanitation and other essential services. The exclusion of candidates in six municipalities could influence political representation and voters’ choices in those areas.
The Constitutional Court has indicated that it will deliver its judgment urgently, given the limited time remaining before the elections.
Its decision will determine whether the affected ANC candidates can appear on the ballot. It could also establish an important precedent for how South Africa balances electoral procedures with the right to political participation.
