The Electoral Court has dismissed an appeal brought by the African National Congress (ANC) regarding the candidate registration process for the 2026 Local Government Elections.
The judgment, handed down on 16 September 2026 by Judges Modiba, Mangcu-Lockwood, and Professor Phooko, deals a heavy blow to the ruling party in several affected municipalities.
The Dispute: Loaded vs Submitted
The fight between the ANC and the Independent Electoral Commission (IEC) came down to a critical technical difference on the IEC online candidate portal:
*The ANC’s Argument: The party argued that officials had successfully captured and loaded all candidate information onto the system before the deadline. They claimed system errors and congestion prevented the final “submit” click, meaning the data was saved in draft mode on the IEC servers.
*The IEC’s Position: The rules state that saving data is not the same as submitting it. Without a final submission, candidate registration is incomplete under election laws.
The ANC asked the court to declare that information captured and saved on the IEC system before the cut-off time should be treated as legally submitted.
What the Electoral Court Decided
The Electoral Court ruled against the ANC and issued four key orders:
- Democratic Alliance Allowed: The court allowed the Democratic Alliance (DA) to join the case as an intervening party.
- ANC Appeal Dismissed: The main application by the ANC was completely dismissed.
- ATM Application Rejected: The African Transformation Movement (ATM) tried to join the case, but the court threw out their application because it was filed too late and did not follow official court directions issued on 9 September 2026.
- No Order as to Costs: Neither party was ordered to pay the legal fees of the other.
ANC Response: “We Will Appeal”
In an official statement released immediately after the judgment by National Spokesperson Mahlengi Bhengu, the ANC stated that it respects the court but will challenge the outcome.
“The ANC respects the courts and the judicial process. We have consistently maintained that this matter is not about seeking preferential treatment for the ANC, nor about asking the Electoral Commission to change the rules for the benefit of our organisation,” Bhengu said.
The statement confirmed that the ANC will take the matter further: “Having considered the judgment, the ANC will exercise its legal rights and pursue the appropriate appeal process. Our legal representatives will engage the court on the legal questions arising from the judgment.”
The party also called on all leaders, members, and supporters to remain calm, disciplined, and to refrain from public commentary that could interfere with the legal process.
What This Means for the ANC
If the ruling holds on appeal, the consequences for the ANC will be severe:
- Loss of Seats: The ANC will have no candidates on the ballot paper in the affected municipalities, leaving them with zero seats in those council chambers.
- Financial Losses: The party will lose municipal grants, salary tithes from local councillors, and millions spent on local campaign efforts.
- Loss of Influence: Opposing parties and independent candidates will take control of these local councils for the next five years, making it difficult for the ANC to rebuild its voter base in these areas.