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ANC's 181-Candidate Election Dispute Reaches Constitutional Court

JOHANNESBURG, South Africa — 12 October 2026

South Africa's Constitutional Court is scheduled to hear a high-stakes electoral dispute on Monday, October 12, as the African National Congress (ANC) seeks to overturn a ruling that excluded 181 of its candidates from the country's upcoming local government elections.

The case comes just weeks before voters head to the polls on November 4, 2026, and raises important questions about electoral deadlines, electronic nominations and the rules governing political participation.

The ANC is challenging an earlier Electoral Court judgment that upheld the Electoral Commission of South Africa's (IEC) decision to reject nominations that had not been formally submitted before the statutory deadline.

How the Candidate Dispute Began

The controversy dates back to August 28, 2026, when political parties were required to finalise their candidate nominations by 5 p.m.

According to the Electoral Court's findings, the ANC had entered candidate information, uploaded supporting documents and paid the relevant deposits through the IEC's Online Candidate Nomination System before the deadline.

However, the party did not complete the final submission step for six municipalities.

The affected nominations involved 181 ANC candidates, leaving the party facing a significant setback in its preparations for the November municipal elections.

The IEC maintained that information saved on the electronic system did not amount to a valid nomination until the required final-submission process was completed.

What the ANC Is Arguing

The ANC initially attributed the problem to technical difficulties encountered while using the IEC's electronic nomination platform.

The party subsequently focused its legal argument on whether the applicable legislation required candidates' details to be formally submitted through the system's final confirmation function.

ANC secretary-general Fikile Mbalula has defended the party's decision to pursue the matter through the courts.

The ANC argues that the exclusion of its candidates could affect voters who wish to support the party in the affected municipalities.

The party wants the Constitutional Court to overturn the previous ruling and direct the IEC to recognise the nominations.

Why the Electoral Court Rejected the Appeal

The Electoral Court dismissed the ANC's challenge in September, finding that completing and uploading candidate information was not sufficient to meet the legal requirements for electronic nominations.

In its judgment, the court concluded that the system's "submit as final" function formed part of the prescribed nomination process.

The court also considered the IEC's evidence concerning the operation of its system and found no sufficient basis to accept the allegations of a malfunction that prevented the submissions.

Its ruling emphasised the importance of consistent electoral procedures, statutory deadlines and equal treatment of political parties.

The court found that nominations which were not finalised within the required period could not lawfully be included in the certified candidate lists.

Why the Constitutional Court Hearing Matters

The Constitutional Court proceedings place two significant electoral principles under scrutiny: the right of citizens to participate in democratic elections and the requirement that election rules be applied consistently.

For the ANC, a successful appeal could allow the affected candidates to be considered for inclusion in the November elections.

For the IEC, the dispute concerns the enforceability of nomination procedures designed to ensure an orderly and fair electoral process.

The outcome may also provide guidance on how electronic candidate submissions should be interpreted in future elections.

However, the Constitutional Court has not yet been reported as having delivered a judgment in this appeal at the time of writing.

Political Implications Ahead of November 4

The legal battle comes at a sensitive stage of the municipal election campaign, with political parties preparing their candidates and competing for control of local councils.

The exclusion of 181 candidates creates particular challenges for the ANC in the affected municipalities.

Beyond the immediate political consequences, the case has drawn attention to the administrative demands of electoral preparation and the responsibility of parties to meet legally prescribed requirements.

A ruling in the ANC's favour could change the position of the affected candidates. If the appeal fails, the earlier decision excluding the nominations would remain in place.

What Happens Next?

The Constitutional Court is scheduled to consider the ANC's appeal on October 12, 2026.

Attention will focus on whether the court accepts the ANC's interpretation of the electronic nomination requirements or upholds the Electoral Court's approach.

With the local government elections scheduled for November 4, the proceedings carry significant implications for the affected candidates and the administration of the electoral process.

SA360 NEWS will continue following the case and report any confirmed developments or court decision.

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Sources and further reading

• Constitutional Court of South Africa — Official hearing schedule: https://www.concourt.org.za/

• Electoral Court judgment, African National Congress v Electoral Commission of South Africa and Another [2026] ZAEC 5: https://www3.saflii.org/za/cases/ZAEC/2026/5.html

• eNCA — ANC candidate list dispute heads to ConCourt: https://www.enca.com/news-top-stories/anc-candidate-list-dispute-heads-concourt

• Mail & Guardian — ANC heads to ConCourt in bid to get 181 councillors on ballot: https://mg.co.za/politics/2026-09-23-anc-heads-to-concourt-in-bid-to-get-181-councillors-on-ballot/