Nominated without consent: EFF can’t force ex-member to contest elections, Electoral Court rules

The Electoral Court ordered the removal of a former Economic Freedom Fighters (EFF) member from the party’s candidate list for the 2026 local government elections, finding that he could not be forced to contest the polls without his approval.

The case was brought by Sivuyile Jacquin Tshikila, who turned to the courts after failing to persuade the Electoral Commission of South Africa (IEC) to remove his name from the EFF’s list of candidates.

Ex-EFF member nominated for 2026 local government elections

Tshikila, who previously served as an EFF member and local leader in the Amathole and KwaMaqoma districts in the Eastern Cape, left the party in December 2024 following its elective leadership conference.

However, he discovered that the EFF had put his name forward as its candidate for ward 3 in Raymond Mhlaba Local Municipality.

The nomination came to his attention when the IEC published the political parties’ candidate lists on 16 September 2026.

Tshikila disputed the nomination, insisting that he had never given the party permission to represent him as a candidate or signed any of the required nomination documents.

He subsequently approached the IEC to have his name removed.

When his efforts failed, he took the matter to the Electoral Court, alleging that his nomination had been fraudulently processed.

He also disclosed that he had opened a criminal case in KwaMaqoma relating to alleged forgery and fraud.

The EFF failed to submit any responding papers.

Electoral Court says political parties cannot force candidates to stand

In a recent judgment, Judge Modiba Shongwe noted that Tshikila’s case differed from other disputes involving political party candidate lists.

Describing the matter as “unconventional”, the judge pointed out that applicants in other cases had approached the Electoral Court seeking to have their names included on party lists.

“It is unusual in that the applicants in other several cases sought the inclusion of their names in their party candidate lists whereas the applicant herein seeks to be removed from the party candidate list because of [the] absence of consent,” the judgment reads.

Although certain aspects of Tshikila’s version of events were “sketchy”, specifically when he became aware that his name had been included on the list, Shongwe highlighted that the former EFF member was “unequivocal” that he had no intention of contesting the elections and that his wishes could not be disregarded by the party.

“The EFF cannot coerce the applicant without his consent to stand for office as ward candidate against his will.

“To do so would go counter to the spirit of our hard-earned constitutional democracy,” Shongwe wrote.

IEC not blamed for disputed nomination

The court also addressed the role of the IEC, finding that the commission could not be held responsible for including Tshikila’s name.

Shongwe explained that the commission relies on information submitted by political parties’ representatives when processing and recording candidate nominations.

The IEC had, therefore, acted in “good faith” when it accepted and certified the EFF’s candidate list.

“This is rather an issue between the applicant and his party.

“It must also be considered that the applicant’s appearance on the ballot paper as a candidate is misleading to the electorate.”

IEC instructed to ensure voters are informed

Shongwe acknowledged that the timing of the application would make it difficult for the IEC to print new ballot papers before the elections set for 4 November.

Nevertheless, the judge directed that steps be taken to ensure that voters were not misled by the appearance of Tshikila’s name on the ballot.

“It seems appropriate rather to require the commission to notify voters, possibly by means of prominent notices in voting stations, that the applicant is not a candidate, and to require that it is made clear to voters that the applicant is not a candidate, either by reprinting the relevant ballot papers, or, if that is not practicable, by means of requiring that voting officers make manual amendments to ballot papers as they are issued to voters, for example, by ruling a line through the applicant’s name on the ballot paper with a marker sufficiently thick to obscure his name.”

The court consequently upheld Tshikila’s application, ruling that he is not an EFF ward candidate.