Judge rebukes ANC branch as councillor loses court bid to reclaim candidacy

ANC councillor Anele Gabuza has lost his court bid to reclaim the party’s Ward 98 candidacy in Khayelitsha, despite a judge criticising the local branch’s handling of his rival’s nomination.

Western Cape High Court Judge Daniel Thulare dismissed Gabuza’s application on Monday, leaving Yanga Mjingwana as the ANC’s candidate for the ward in the November 4 local government elections.

Branch leadership ‘overstepped its role’

In his judgment, Thulare found that the branch executive committee (BEC) had overstepped its role by trying to block Mjingwana’s candidature. However, he said Gabuza had failed to produce sufficient evidence to justify overturning the party’s final decision.

“The tavern bouncer attitude and approach of the BEC in gatekeeping towards the candidature of Mjingwana was not in line with ANC policy, and Gabuza was ill advised to rely on it,” the judge said.

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Shifting fortunes in ANC nomination process

The dispute followed a nomination process in which the candidates’ fortunes shifted between meetings.

Gabuza received 58 votes at the first branch meeting on June 16, ahead of Mjingwana’s 36. At a subsequent community meeting, Mjingwana secured 202 votes, 21 more than Gabuza.

The final branch general meeting on July 8 swung back in Gabuza’s favour, with 74 votes to Yoliswa Ndyalvan’s 24. Mjingwana received no votes at that meeting.

Judge faults branch leadership’s conduct

The BEC subsequently questioned Mjingwana’s suitability, raising concerns about his educational qualifications and alleging that he had previously been convicted of unlawful possession of a firearm and sentenced to 36 months of correctional supervision.

Thulare said concerns about a candidate’s eligibility should have been referred to the party’s provincial list committee (PLC), which is responsible for screening and vetting candidates, rather than being used by the branch to obstruct a nomination.

“The BEC became a complainant in a matter in which they ought to have been an investigating officer of the issues,” he said.

The ANC’s candidate guidelines provide for candidates to have a matric qualification or demonstrate relevant capacity, experience, education or expertise. They also allow the relevant electoral committee to waive the matric requirement in exceptional circumstances.

Court unwilling to overturn party decision

The judge said dissatisfaction with the party’s decision was not enough to secure a court order overturning it.

“At best, his case shows that he and the branch leaders were not happy with the decision, but that is no ground to review that decision,” Thulare said.

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The application also encountered difficulties because the election process had progressed. The Electoral Commission of South Africa (IEC) opposed an order to amend the candidate list, arguing that nominations had concluded, the lists were certified on September 16, candidate certificates had been issued and ballot papers were being printed.

Gabuza had been informed on August 26 that Mjingwana had been nominated. An earlier urgent application to prevent the certification of the list was struck off the roll, on September 7.

Judge warns against politicising the courtroom

The judge found no sufficient basis to grant the relief Gabuza sought. He also cautioned against turning political disputes into court battles when the evidence did not support the requested intervention.

“A courtroom is the worst choice of site for a politician to campaign. It is a bad political war room,” he said.

The ANC and its secretary-general, Fikile Mbalula, withdrew their opposition on the morning of the hearing and urged Gabuza to pursue the party’s internal processes.

The application was dismissed without a costs order.

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