ANC ward candidate can contest elections despite alleged Saps employment, Electoral Court rules

The Electoral Court has dismissed a case questioning the eligibility of an ANC ward candidate in the Eastern Cape amid allegations that he is a member of the South African Police Service (Saps).

The application was brought by Reverend Danzel van Rensburg, who is the founder and representative of Protect Organise and Support Empower (POSE).

Questions raised over alleged Saps member’s political involvement

Van Rensburg approached the Electoral Court seeking, among other things, information about Marlon Calvine Oormeyer’s candidacy in Ward 7 of Dr Beyers Naudé Local Municipality ahead of the 2026 local government elections.

He told the court that he brought his application in the public interest, arguing that the integrity, transparency and procedural correctness of the electoral process needed to be protected.

His concerns centred on whether Oormeyer, if employed by Saps, was permitted to stand as an ANC candidate while subject to restrictions governing the political activities of police officers.

Van Rensburg suggested that Oormeyer’s nomination potentially amounted to a breach of employment policies or other legislation.

IEC not responsible for investigating candidates’ employment status

The Electoral Commission of South Africa (IEC), opposing Van Rensburg’s application, argued that it did not have the legal power to probe a candidate’s employment status or determine whether they had complied with their relevant obligations.

According to the commission, the responsibility for ensuring that candidates met the necessary requirements rested with the nominating political party and the candidates themselves.

The IEC also explained that requiring it to investigate every candidate’s employment circumstances would be impractical, particularly given that more than 142 000 candidates had been nominated for proportional representation (PR) and ward seats in this year’s municipal election.

It further maintained that any alleged breach of employment obligations by Oormeyer, should he be a Saps employee, would be a matter between him and his employer rather than an issue for the commission to investigate.

Electoral Court judgment

In its judgment, the Electoral Court examined several laws, including the constitution, the Public Service Act and the Saps Act.

Acting Judge Esther Johanna Sophia Steyn highlighted that section 46 of the Saps Act prohibits members from publicly displaying support for or associating themselves with political parties, holding positions within political organisations, wearing political insignia or engaging in conduct that advances or prejudices party-political interests.

However, the legislation allows police members to join political parties, attend party meetings and exercise their right to vote, subject to certain conditions.

Steyn contended it was clear that section 46 does not outright prohibit a Saps member from being nominated as a candidate in an election.

Therefore, it was not necessary to determine whether accepting such a nomination would amount to prohibited conduct under the legislation.

“Any breach of that section is primarily a matter between the individual Saps member and Sapsas the employer.

“It is also not a matter that the Electoral Commission of South Africa is empowered to determine when it certifies the candidates,” the 3 November 2026 judgment reads.

State employees not barred from standing for election

The Electoral Court also highlighted section 158 of the Constitution, which sets out the requirements for membership of municipal councils.

The provision establishes certain disqualifications for serving as a municipal councillor, including restrictions relating to people employed by municipalities and certain categories of state employees.

However, Steyn said section 158(2) allows certain individuals disqualified from becoming councillors to stand as candidates, subject to conditions imposed by national legislation.

Section 36 of the Public Service Act, meanwhile, provides that public service employees may stand as candidates in elections for the National Assembly, provincial legislatures and municipal councils, subject to applicable codes of conduct and other conditions.

The legislation further states that employees elected as full-time municipal councillors are deemed to have resigned from the public service before assuming office.

Those elected as part-time municipal councillors may remain in public service, provided they comply with the relevant requirements.

All the relevant laws, Steyn concluded, demonstrated that government employees were not forbidden from standing in an election.

“This section supports the notion that state employees are not automatically barred from candidacy in local government elections; once elected, restrictions may arise regarding their ability to serve as councillor,” the judge wrote.

No electoral dispute before it

In dismissing the application, the Electoral Court found that Van Rensburg had not sought to review any decision taken by the IEC or challenge Oormeyer’s candidacy.

It concluded that the case was “unsustainable” because no electoral dispute had been established.

“I find no electoral dispute raised by the applicant. Effectively, he is seeking legal advice on the interaction between employment law and the electoral law.

“This court does not provide legal guidance on matters falling outside its jurisdiction,” Steyn continued.

The court, however, declined to make a costs order against Van Rensburg.