PRETORIA, Gauteng — A recent Constitutional Court ruling regarding the ANC candidate list has been characterized as a narrow escape for the governing party, rescuing it from the consequences of its own administrative failures. According to political analyst Sandile Swana, the landmark decision was driven by the imperative to protect democratic human rights rather than an endorsement of the party’s operational competence.
Proactive Measures for the IEC
Swana emphasized that the Independent Electoral Commission (IEC) should adopt a proactive approach following the judgment. Rather than waiting for lawyers representing other similarly situated political parties to compel the IEC in court, the electoral commission should automatically allow them to participate. This administrative courtesy would prevent a waste of time and financial resources for parties that found themselves in the same predicament regarding their candidate list submissions.
A “Narrow Escape” Rooted in Incompetence
Describing the situation as a narrow escape, Swana noted that the ANC has historically submitted candidate lists successfully over many years. However, this year’s failure was the direct result of internal strife, factional divisions, attempts to alter submissions, and what he termed “overwhelming incompetence” within the party’s structures.
Initially, the Electoral Court took a strict technical stance, pointing out that the ANC had simply left its candidates out and declaring the matter closed. It was only upon escalating to the Constitutional Court that the party found relief. Swana clarified that the highest court’s intervention was not a validation of the ANC’s competence. Instead, the court looked beyond strict technicalities to ensure that rigid adherence to administrative rules would not undermine fundamental human rights and voters’ democratic representation.
Unresolved Factional Battles
While the court resolved the administrative crisis, Swana stressed that it did not rescue the ANC from its intense internal factionalism. The highly contested candidate lists remain fraught with internal disputes. He pointed to the unceremonious removal of key figures—referencing individuals such as Mandla Mandela, Frank Chikane, and Andile Lungisa—as evidence of deep factional battles that the court did not address.
Consequently, Swana noted that the list, however flawed, will be accepted by the IEC. The internal party battles will continue to play out in their own forums, a situation Swana described as dangerous, expressing hope that the ongoing disputes would not escalate into violence.
The Culture of Accountability
Concluding his analysis, Swana warned against the normalization of missed deadlines in South Africa. Drawing parallels to the foundational culture of accountability taught in schools—where students who submit homework on time are treated differently from those who do not—he argued that this principle must extend to university applications, job markets, and political administration.
Swana cautioned that raising spurious arguments to excuse tardiness and inefficiency is the wrong direction for the country. He emphasized that disregarding punctuality and administrative deadlines only serves to increase inefficiencies across South Africa’s public and political sectors.
