JOHANNESBURG, Monday 12 October 2026 — The African National Congress (ANC) has argued before the Constitutional Court that it complied with the legal requirements for submitting municipal election candidates despite failing to complete the final step on the Electoral Commission’s online nomination system.
The argument was presented on Monday as the country’s highest court considered the ANC’s challenge to the exclusion of approximately 181 candidates across six municipalities ahead of the 4 November local government elections.
The case could determine whether the affected candidates are permitted to participate in the elections, with the Electoral Commission of South Africa (IEC) maintaining that the party failed to complete its nominations before the statutory deadline.
ANC challenges final-submission requirement
Advocate Daniel Burger, representing the ANC, told the Constitutional Court that the party had completed the electronic nomination forms and uploaded the necessary supporting documents before the 17:00 deadline on 28 August.
Burger argued that the failure to activate the system’s final-submission function did not amount to a failure to comply with the Municipal Electoral Act.
According to the ANC, the legislation requires political parties to complete the prescribed electronic forms and provide the necessary supporting documentation.
The party maintains that neither the Act nor its regulations expressly makes pressing a particular software button a separate legal requirement for a valid nomination.
Burger told the court that the dispute therefore concerns the interpretation of electoral legislation rather than a request to excuse late submissions.
The ANC argues that its candidate information was already available on the IEC’s system before the deadline.
IEC maintains nominations were incomplete
The IEC disputes the ANC’s interpretation.
In its court papers, the commission argues that capturing candidate information and uploading supporting documents do not constitute a completed nomination unless the political party formally submits the information as final.
The commission maintains that the final-submission requirement forms part of the prescribed electronic nomination process.
It has also argued that the ANC was familiar with the system, which has been used for municipal candidate nominations for several years.
According to the IEC, the final-submission step establishes which candidates a political party has formally nominated and prevents provisional or incomplete lists from being treated as final.
The commission says allowing incomplete nominations after the deadline could undermine electoral certainty and the equal application of election rules.
The ANC disputes that interpretation and argues that an administrative software requirement should not override rights protected by electoral legislation and the Constitution.
Six municipalities affected
The dispute affects candidate nominations in Ingquza Hill, Port St Johns, Walter Sisulu and Sundays River Valley in the Eastern Cape, uMshwathi in KwaZulu-Natal and Mangaung in the Free State.
The consequences differ between municipalities.
In some areas, the ANC remains eligible to contest ward elections but faces exclusion from proportional representation contests.
In others, its failure to complete submissions has affected both ward and proportional representation nominations.
The party maintains that the exclusion could prevent voters from supporting their preferred candidates and political party.
The IEC argues that political participation rights must be exercised within the rules governing free and fair elections.
DA supports IEC’s position
The Democratic Alliance (DA), which was permitted to intervene in the litigation, supports the IEC’s interpretation of the nomination requirements.
The DA argues that political parties must complete the prescribed submission process before the deadline.
It maintains that treating provisional candidate information as a valid nomination could create uncertainty about which candidates and parties are entitled to appear on election ballots.
The DA also argues that the final-submission requirement is necessary to distinguish between candidate information being prepared and nominations formally approved by a political party.
The dispute places electoral participation rights alongside the need for certainty and consistent administration of election deadlines.
Electoral Court previously ruled against ANC
The Constitutional Court proceedings follow an earlier Electoral Court ruling dismissing the ANC’s challenge to the IEC’s decision.
The Electoral Court accepted the commission’s position that the affected nominations had not been properly finalised.
The ANC subsequently approached the Constitutional Court, arguing that the lower court had incorrectly interpreted the legal requirements for electronic nominations.
The party has also raised constitutional concerns about the consequences of excluding candidates whose information had already been captured on the IEC’s system.
The IEC opposes the application and maintains that the Electoral Court’s decision should stand.
Election preparations continue
The dispute comes during the final weeks of preparations for the municipal elections.
The IEC has already published the final list of qualifying candidates, and preparations for voting on 4 November are continuing.
A ruling in the ANC’s favour could require the commission to make adjustments to the affected candidate arrangements.
The commission has warned that changes at this stage could disrupt election preparations.
However, the precise consequences would depend on the relief granted by the Constitutional Court.
Next steps
The Constitutional Court must determine whether the ANC’s failure to complete the final electronic submission invalidated the affected nominations under the applicable electoral legislation.
The court must also consider the implications of the dispute for electoral participation and the administration of the November elections.
No final ruling had been confirmed at the time of this report.
The outcome will determine whether the affected ANC candidates remain excluded or whether the IEC must reconsider their participation before election day.
