Will ConCourt judgment on ANC vs IEC open a can of worms before the elections?

Political parties have reacted with mixed views to a Constitutional Court judgment allowing the ANC to include more names on its list of councillor candidates submitted to the Electoral Commission of South Africa (IEC).

In a surprise move, the apex court on Thursday ruled in favour of the ANC and instructed the IEC to include 181 councillor candidates excluded from the ANC lists in all electoral processes.

This decision comes after the ANC claimed that there were “technical glitches” with the IEC’s online system on the day the party submitted its final list of councillor candidates. The IEC has denied the claims.

The ANC’s biggest partner in the government of national unity (GNU), the DA, said it is concerned about the implications of this ruling.

“The judgment raises serious concerns about the precedent it sets for complying with the IEC’s deadlines and requirements, as the courts have held that strict mechanical compliance applies to deadlines in every matter up to now,” said DA Federal Councilchairperson, Ashor Sarupen.

Is it a win for the ANC?

He said the ANC has now succeeded in undoing its own failure to submit candidate lists in six municipalities.

“However, this will not change their electoral fortunes. The ANC is in terminal decline, and across South Africa its support is at record lows,” said Sarupen.

He said the DA remains the only party to contest every ward in every municipality.

“We look forward to the election on the 4th of November, where we will emerge as the largest party in many more municipalities than ever before. The DA is fighting to stop the chaos and start service delivery in towns and cities destroyed at the hands of the ANC,” he said.

All parties should be treated ‘fairly and consistently’

The leader of the United Democratic Movement (UDM), Bantu Holomisa, said in a social media video that his party welcomes the ConCourt’s judgment.

“The ball is now in the IEC’s court to give effect to the judgment and ensure that all political parties falling within its scope are treated fairly and consistently,” he said.

He said the IEC should call a party liaison committee meeting at which all parties that are “affected” can discuss the implementation of the court ruling and other concerns relating to the submission of councillor candidates.

“This engagement must not be limited to the immediate issue before the court but must also consider other challenges experienced by political parties using the IEC’s online nomination system,” he said.

Holomisa said one problem with the IEC’s online system is that it does not provide clear, immediate confirmation once all names have been submitted.

“In certain instances, parties only become aware of problems or changes at a later stage through email notifications. This brings uncertainty and places political parties at risk of discovering administrative or system-related problems only after the critical deadline,” he said.

Holomisa said his party’s national office bearers are meeting in Johannesburg on Thursday to deliberate on its next course of action in this matter.

Despite criticising the ANC for failing to get its affairs in order, the leader of Afrika Mayibuye, Floyd Shivambu, said his party welcomes the ConCourt ruling.

“We never ever should sacrifice principle on the altar of political convenience and opportunism. The IEC should administratively comply and include all the affected political formations and candidates to avoid unnecessary litigation. Let’s contest freely and fairly,” he said.

Mbalula declares victory before collapsing

Meanwhile, ANC secretary-general Fikile Mbalula said the court judgment vindicated him.

“When this movement believed that a right had been taken from our people, we walked up this hill with papers in our hands; that is what the democratic architecture of this country was built for, it was built by Nelson Mandela, it was built by Thabo Mbeki, it is carried today by Cyril Ramaphosa,” he said.

The ConCourt has not yet made public the reasons for its decision, but Mbalula said the ANC’s case rested on the fundamental right to vote, not a technical glitch in the IEC’s system.

“The right to vote is not a privilege handed down by an institution, it is not a setting in a computer programme, and it is not a button on the screen. It is a fundamental right, and it belongs to the people,” he said.

Lifeline for the ANC and a historic judgment

Meanwhile, in an interview with Newzroom Afrika, IEC chairperson Mosotho Moepya said the commission will now include the 181 ANC candidates as instructed by the ConCourt.

“There are no hard feelings; there is certainty about what needs to be done,” said Moepya.

He said he wanted to congratulate Mbalula on winning the court battle. But he collapsed before he could.

Political analyst Sanet Solomon told The Citizen that the Constitutional Court ruling has drastically changed the South African political landscape, as many political parties’ hopes relied on the ANC’s inability to compete in the upcoming local government elections.

“The inclusion of these candidates now intensifies the competition for the municipalities concerned. For many councillors, this verdict is a lifeline as it allows them to compete for the wards in which they serve.

“Given that we are less than a month away from the elections, will this be enough time to reach their respective communities? Only time can tell,” she said.

Solomon said the ANC has been given another chance to reorganise itself and reaffirm its commitment towards serving communities.

“Maybe this could be the sign that it needs to finally embark on the road to renewal,” she said.