CAPE TOWN, Tuesday 20 October 2026 — The Western Cape High Court has dismissed an urgent application by sitting ANC councillor Anele Gabuza to overturn his party’s selection of Yanga Mjingwana as its Ward 98 candidate in Khayelitsha for the 4 November local government elections.
Judge Daniel Thulare ruled on Monday that Gabuza had failed to establish that the African National Congress (ANC) unlawfully removed him from the candidate selection process or acted outside its internal rules when choosing Mjingwana.
The decision leaves Mjingwana as the party’s candidate for the ward and prevents Gabuza from obtaining the court order he sought to have his name substituted on the Electoral Commission’s certified candidate list.
Dispute followed branch candidate selection
Gabuza, who currently represents Ward 98, approached the court after the ANC selected Mjingwana despite Gabuza receiving the highest number of votes at a branch general meeting on 8 July.
The sitting councillor argued that the party had acted unlawfully and arbitrarily by replacing him.
He asked the court to set aside the decision and restore his candidacy.
However, Thulare found that the ANC’s candidate selection process extended beyond voting at branch level.
The judge said the party’s provincial and higher structures retained responsibilities concerning candidate screening, vetting and final approval.
Court criticises branch leadership
The judgment was critical of the ANC branch executive committee’s handling of the selection process.
According to TimesLIVE’s report of the ruling, Thulare found that branch leaders had attempted to interfere with the candidacy of Mjingwana instead of following the party’s established procedures.
The branch had questioned Mjingwana’s educational qualifications and raised allegations concerning his criminal history.
However, the court found that Gabuza had not established that Mjingwana lacked a matric certificate.
The ANC’s selection rules also provide for the matric requirement to be waived in exceptional circumstances.
Thulare said the responsibility for investigating candidate qualifications and criminal records rested with the appropriate party structures rather than the branch executive committee acting independently.
The court found that concerns about Mjingwana should have been referred to the provincial list committee for consideration.
Community vote differed from branch result
The judgment also examined voting outcomes during the candidate selection process.
Although Gabuza received the highest number of votes at the branch’s final general meeting, Mjingwana had received greater support during an earlier community voting process.
Mjingwana secured 202 votes compared with Gabuza’s 181.
The court found that the branch leadership had failed to recognise the broader selection process and the authority of higher ANC structures.
Thulare also criticised Gabuza for failing to disclose relevant information concerning his own screening, vetting and performance assessment as a sitting councillor.
The judge concluded that Gabuza had not provided sufficient evidence to establish that the party’s final selection decision was unlawful.
IEC deadlines become decisive
The timing of the application was another significant consideration.
The Electoral Commission certified candidate lists on 16 September and issued candidate certificates on 25 September.
Gabuza had been informed of Mjingwana’s selection on 26 August.
However, the court found that he had approached the matter too late for the electoral processes already under way.
The judge warned that changes to candidate lists at such an advanced stage could disrupt election preparations and potentially affect the fairness of the electoral process.
The court consequently rejected Gabuza’s request for an order directing the IEC to replace Mjingwana with him.
Judgment comes amid wider candidate disputes
The ruling comes as political parties prepare for the municipal elections amid several disputes concerning candidate nominations and internal selection procedures.
The ANC recently secured a Constitutional Court ruling concerning candidates whose information had been captured on the IEC’s system but not finally submitted before the nomination deadline.
That matter involved 181 ANC candidates across six municipalities and prompted the IEC to extend similar relief to 32 other political parties.
However, Gabuza’s case concerned a different legal question: whether the ANC had followed its own rules when selecting between competing candidates.
The Western Cape High Court’s ruling does not alter the Constitutional Court’s separate decision concerning candidate submissions.
Mjingwana remains ANC candidate
The application was dismissed without a costs order.
The ruling means Mjingwana remains the ANC’s candidate for Ward 98 unless a subsequent lawful decision changes that position.
For Gabuza, the judgment ends his immediate attempt through the High Court to reclaim the party’s nomination.
The decision also reinforces the importance of resolving internal candidate disputes promptly, particularly once the IEC has certified candidate lists and begun final election preparations.
