ANC takes IEC to the Electoral Court

Picture: Gallo Images/Sharon Seretlo

The African National Congress (ANC) has filed papers, taking the Independent Electoral Commission (IEC) to the Electoral Court over its decision to bar the political party’s candidates from participating in the municipal elections on 4 November 2026.

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The ANC says the candidates were captured in the system but not formally submitted by the 28 August 2026 deadline. The IEC challenges this, arguing that being captured in the system is not the same as submitting the candidates.

ANC blames a technical glitch

According to Daily Sun, the ANC claims that there was a technical glitch on the IEC portal. The party’s appeal rests on its interpretation of the word “submitted” as used in the Local Government Municipal Electoral Act. The party’s argument is purely a question of law and not necessarily a dispute over facts.

President Cyril Ramaphosa confirmed this move during a campaign in Thembisa on 4 September 2026, where he explained that going to the electoral court and interfacing with the IEC was part of these moves.

“All these options are open,” he said.

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IEC stands by its decision

The chief electoral officer, Sy Mamabolo, claims that no system glitch was reported and that being captured by the system is not remotely the same as being formally submitted. The IEC explained that 2,274 candidates from 45 political parties were captured but never submitted, but they will not reopen the portal for anyone.

The IEC also disputed a similar bid made by the United Democratic Front (UDF). The party essentially wanted the nomination date extended after registering only four days before the deadline. The Electoral Court subsequently dismissed the bid, further making the ANC’s case harder.

The Electoral Court’s stance

Judge Leicester Adams ruled that the IEC does not have the power to extend statutory deadlines, the above-mentioned publication reports. The judgement read that the Act confers no power to exempt one party from a deadline and continues to bind all others.

This judgement was cited from the Constitutional Court precedent that the IEC cannot grant extensions.

The ANC’s argument

Arguably, the Electoral Court’s message is clear, if one party misses the deadline, they missed the deadline.

However, the ANC is invoking Sections 14 and 17 of the Municipal Electoral Act, arguing that the system failure was something beyond their control.

The IEC is set to publish the final candidates list on 16 September 2026, leaving the Electoral Court with just days to decide.

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