The ANC has now succeeded in court to undo their own failure to submit candidate lists in six municipalities, including the Mangaung Metro.

The ANC won their bid in the Constitutional Court when it was ruled that the 181 councillor candidates who were previously excluded from the ballot paper, must now be added.

The Constitutional Court ruled against the ruling of the Electoral Court in September that backed the Electoral Commission’s decision to exclude candidates in six municipalities who’s information were not sent through the online portal by the deadline of 28 August.

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This follows the IEC’s decision to exclude the nomination lists of the ANC after the party failed to complete the final submission step. Six municipalities including all the proportional candidates of the ANC in the Mangaung Metro, as well as the municipalities of Port St Johns, Ngquza Hill, Walter Sisulu and Sundays River Valley in the Eastern Cape and uMshwathi in KwaZulu-Natal, are effected.

The case was heard on Monday 12 October by Deputy Chief Justice Dunstan Mlambo and a bench that included justices Rammaka Mathopo, Nonkosi Mhlantla, Nambitha Dambuza-Mayosi, Leona Theron, Andre le Grange and Kate Savage, as well as Acting Justice Lister Nuku.

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The ANC in Mangaung rejoiced this decision by the Constitutional Court. This means the ANC will now appear on the PR Ballot paper – something that would have not been possible with the previous ruling by the Electional Court.

In response to the ConCourt outcome, DA Federal Council Chairperson Ashor Sarupen said the DA respected the rule of law and the judgement of the Constitutional Court.

Sarupen said the judgement 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.

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

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“We note Fikile Mbalula’s threats about the GNU. The reality is that the DA is not in the GNU to go along to get along, and we will vigorously defend the rule of law and the equal application of the law. At present, we are completely focused on winning in towns and cities, and removing the ANC because they have destroyed those municipalities.”