Electoral Court to rule on ANC’s late candidate list after virtual hearing

The Electoral Court reserved judgment on Tuesday after hearing submissions from the African National Congress (ANC) and the Electoral Commission of South Africa (IEC) over the party’s late submission of a councillor candidate list. A decision was expected on Wednesday, 16 September 2026.

What was heard at the virtual sitting

The court held a virtual sitting on Tuesday afternoon to hear the arguments of both sides. The ANC had filed papers asking the court to review the IEC’s decision not to reopen the nominations process after the party failed to submit a full candidate list on time.

The ANC told the court it had faced technical problems and later acknowledged inaccurately captured ID numbers, a matter secretary-general Fikile Mbalula admitted according to the source material.

ANC’s argument: submission mechanics and voter rights

Arguing for the ANC, Advocate Daniel Berger said the steps that constitute a valid submission were not clearly defined and criticised the IEC’s emphasis on a single action to complete the process.

“The commission’s position is that because you did not click the button, as a matter of law, you are excluded from the election.”

Berger asked the court to interpret the Municipal Electoral Act and to declare that the ANC complied with the election timetable in respect of six municipalities, and to direct the commission to process the party’s nominations in those municipalities.

Addressing the potential effect on voters, Berger said the outcome would determine whether many people would lose their choice at the ballot. In court he said:

“The decision this court will make will determine whether hundreds of thousands of people will be deprived of an electoral choice on 4 November.”

IEC response and the court’s approach

The IEC told the court that the ANC’s early application to the Electoral Court and its public comments about missing the deadline weakened its argument. The commission submitted that the chronology shows no issue of interpretation arose.

Judge Lebogang Modiba said the panel would need time to deliberate. He told the parties the matter was difficult but that the preparation for the hearing had been helpful.

“Let me assure you that it is not an easy matter; it is a difficult matter. But we found that the effort that you’ve put into preparing for the hearing has really assisted us.”

Modiba said the court was reserving judgment and that it would likely hand down an order “at the latest first thing in the morning tomorrow, with reasons to follow.”

Timing and next steps

The decision on the ANC’s candidate list was to be handed down on the same day the IEC had previously set for announcing the final list of successful candidates for all parties.