JOHANNESBURG, Gauteng — The Gauteng High Court in Johannesburg is set to hear an urgent legal challenge brought by former Nelson Mandela Bay councillor Andile Lungisa against the African National Congress (ANC) and its Secretary-General, Fikile Mbalula, regarding the controversial removal of his name from the party’s candidate list for the upcoming November local government elections.
Lungisa is seeking a declaratory order that Mbalula’s conduct was unlawful. The application alleges that Mbalula personally instructed party officials tasked with the administrative functions of compiling the lists to remove Lungisa’s name from the Eastern Cape roster. This directive reportedly occurred while the lists were being finalized in a hotel, despite Lungisa having been officially nominated, shortlisted, and positioned at the top of the list for the Nelson Mandela Bay metro.
The legal papers emphasize that Lungisa is bringing the application against Mbalula not only in his official capacity as ANC Secretary-General but also in his personal capacity. Lungisa’s legal team argues that this conduct represents a betrayal of the duties of the Secretary-General’s office and constitutes a direct violation of his Section 19 rights under the South African Constitution. Specifically, the challenge cites Section 19(1)(b), which guarantees every citizen the right to make political choices and participate in the activities of a political party, and Section 19(3)(b), which grants every adult citizen the right to stand for public office and, if elected, to hold such office. Lungisa contends that his removal also violates the internal constitution of the ANC.
A central pillar of Lungisa’s argument is that Mbalula sidestepped the party’s established democratic processes. The ANC’s candidate vetting procedure involves regional vetting, followed by provincial review by the Provincial Executive Committee (PEC), and final validation by the National Executive Committee (NEC). As the highest decision-making body between ANC conferences, the NEC had already given the go-ahead to the provincial lists before the alleged unilateral removal occurred.
In response, the ANC and Mbalula filed their answering affidavits shortly before the hearing, accompanied by a condonation application to explain the late filing. In his papers, Mbalula argues that Lungisa has failed to demonstrate or provide the actual lists in question to the High Court. The ANC maintains that the proper, multi-tiered vetting and validation processes were followed.
The Independent Electoral Commission (IEC) has also filed an affidavit in the matter to assist the court in arriving at a determination, highlighting the strict statutory timetable governing the elections.
This urgent application adds another layer of complexity to the ANC’s electoral preparations, as the party is already fighting a separate legal battle. The party is scheduled to appear before the Constitutional Court on October 5 in an effort to reinstate 181 other candidates to its electoral lists.
Legal experts note that Lungisa faces significant statutory hurdles. Under Sections 14 and 17 of the Municipal Electoral Act, once a candidate list has been submitted to the IEC, substitution is strictly limited. The Act only permits the replacement of a candidate under specific circumstances, such as when a candidate appears on more than one list from different political parties.
With only 35 days remaining until the local government elections, the High Court’s determination will heavily weigh the tight election timetable against the legislative provisions governing candidate substitution, making the outcome of this urgent application highly consequential for the ANC’s final electoral roster in Nelson Mandela Bay.
