BLOEMFONTEIN, Free State — The Electoral Court in Bloemfontein is poised to deliver a pivotal ruling on the candidate submission dispute between the African National Congress (ANC) and the Electoral Commission. The high-stakes legal battle centers on whether a reported technical glitch that allegedly prevented the ANC from pressing the final “submit” button on the online nomination system invalidates their councillor candidate lists for six municipalities.
Judgment in the matter was reserved last night following intense legal arguments from both sides. The dispute originated when the ANC cited a technical glitch on the commission’s system as the reason for failing to formally submit its councillor candidates, a claim the Electoral Commission has firmly refuted.
Representing the ANC, Advocate Daniel Burger argued that electoral laws and regulations do not stipulate or permit a requirement to press a “submit as final” button on the online candidate nomination system. Burger pointed out that the regulations include countless forms attached as schedules, none of which mention such a button. He emphasized that it is undisputed that all required information and documentation were sent to and received by the commission prior to the cut-off date.
To bolster the ANC’s position, Burger referenced the 2006 African Christian Democratic Party (ACDP) case, noting that paying the registration deposit and uploading a candidate list are the clearest indicators of an intention to contest an election.
“Nothing indicates the intention to contest an election more than paying the money for registration and uploading a candidate list,” Burger argued. “The commission has all the information that it needs. You’ve paid your deposit, and all that’s remaining, according to the commission, is you’ve got to indicate to us that you still intend to contest the election. I sincerely ask, in what universe can it be seriously contended that the ANC did not intend to contest these six municipalities?”
The ANC’s legal team maintains that all uploaded information must be deemed final regardless of whether the submit button was pressed, as the action is not mandated by the electoral act or its regulations. Burger urged the court to adopt an interpretation that advances enfranchisement rather than disenfranchisement, noting this has been a consistent theme in Constitutional Court electoral matters.
In response, the Electoral Commission pushed back, referencing case law involving the National Freedom Party (NFP) in 2006, when the NFP was excluded from contesting elections under similar circumstances. The commission argued that no technical glitches existed and that the ANC was fully aware of the submission framework.
Terry Motau, representing the Electoral Commission, stated that the ANC accepted the framework without challenge and successfully complied with it for the majority of its submissions, only running out of time for the six municipalities in question. Motau further noted that the ANC had the option to submit the candidate names by hand but chose not to do so.
Motau called on the court to hold the ANC accountable regarding the claims of technical glitches, reinforcing the commission’s stance that the established legal procedures were clear and available to all parties.
The Electoral Court’s forthcoming decision will determine whether the ANC’s candidate lists for the six affected municipalities will be accepted or invalidated based on the technicality of the final submission button.
