JOHANNESBURG, Gauteng — The African National Congress (ANC) is reportedly considering approaching the Electoral Court to challenge technical glitches on the Independent Electoral Commission (IEC) website that allegedly prevented the party from submitting candidate lists in the Eastern Cape, KwaZulu-Natal, and Free State. According to Terry Tselane, Chairman of the Institute of Election Management, while the party has the right to seek legal recourse, established legal precedents make a successful challenge highly unlikely.
The controversy centers on the ANC’s claim that systemic technical failures hindered their ability to meet a critical IEC deadline for candidate registration. Addressing the situation, Tselane clarified that while any political party feeling aggrieved by the commission’s processes is within its rights to approach forums like the Electoral Court, historical rulings heavily favor the IEC.
Tselane pointed to a direct precedent set in 2024, when the Labour Party and the African Congress for Transformation (ACT) approached the Electoral Court—and later the Constitutional Court—over similar IEC system glitches that allegedly blocked their submissions. Both courts rejected the complaints.
Crucially, the Constitutional Court ruled that a political party unable to submit its list on time must regard itself as the “author of its own disadvantage.” Tselane emphasized that this existing legal precedent heavily protects the commission’s position, making it extremely difficult for any party to convince a court that a system glitch warrants an exception to the rules.
The implications of failing to secure a favorable ruling are severe. If the ANC, or any other political party, cannot prove their case, their failure to fulfill obligations outlined in the election timetable will mean their candidate details will not be registered. Consequently, they will be barred from contesting the local government elections in the specific areas where they failed to comply.
Tselane noted that the courts would likely find it highly unusual if a technical glitch selectively affected only certain parties while all other competing political parties successfully complied with the submission provisions.
Addressing the broader context of recurring technical issues, Tselane acknowledged that allegations of system manipulation are not new, referencing previous claims by the MK party during the last general elections that the IEC intentionally took systems offline to rig results. However, he stressed that the beauty of the current legal framework is that it protects IEC officials, provided their actions remain consistent with the law.
When asked how he would manage the situation if he were still at the IEC, Tselane stated he would rely strictly on the legal framework. He affirmed that the commission is already shielded by Electoral and Constitutional Court judgments, meaning officials do not need to flinch in their application of the electoral timetable.
“If I am part of the electoral commission, I will do what is right, and what is right is provided for in terms of the framework of the law,” Tselane said, adding that he would make decisions consistent with legal provisions to ensure he could “sleep at night” knowing the rules were applied fairly and accurately.
As the situation develops, political observers will be watching closely to see if the ANC formally lodges its complaint with the Electoral Court and whether any other political parties come forward with similar grievances regarding the candidate submission process.
