PRETORIA, Gauteng — The Independent Electoral Commission (IEC) does not have the legal authority to reopen the candidate registration process for political parties that missed the deadline for the upcoming local government elections, according to elections management practitioner and attorney Nkululeko Tselane. This clarification comes amid an intensifying legal battle between the African National Congress (ANC) and the IEC over the party’s failure to finalize candidate list submissions in several municipalities.
The ANC has petitioned the electoral court, claiming that “technical glitches” prevented the final submission of their candidate lists. However, the IEC’s audit trail reportedly indicates no system downtime, revealing that the party left its submissions until the final minutes of the registration window.
Addressing the core legal arguments, Nkululeko Tselane emphasized that the Constitutional Court has previously been unequivocal on this matter. Referencing past litigation involving parties such as the ATM and the Labour Party, Tselane noted that the IEC lacks the statutory power to condone late submissions. Furthermore, the court has established that granting relief to one or two political parties is undesirable; any such relief would have to apply universally to all candidates.
“Political parties or candidates that aren’t able to contest are the authors of their own misfortune,” Tselane explained, highlighting that leaving administrative tasks to the last minute is the sole responsibility of the political party.
In its legal papers, the ANC has attempted to navigate this precedent by invoking the Electronic Communications Act. The party argues that because the documents were uploaded to the system, the submission should be deemed complete and accepted, even if the final “submit” function was not activated. Tselane observed that this is a creative legal argument designed to bypass the factual matrix, especially since the IEC cannot legally grant an extension or retroactively accept the lists.
The practical consequence of this dispute is that ANC candidates will not appear on the ballot for ward councilors in approximately six specific municipalities, including Port St. John’s and Ingquza Hill. Tselane clarified that if the ANC does not secure a ward candidate, they are also not allocated a proportional representation (PR) candidate for those areas. This exclusion could significantly impact municipal council dynamics and ongoing mayoral campaigns.
Despite the ongoing litigation, which has been set down for hearing on Tuesday, the IEC’s election timetable remains entirely unaffected. The commission is on track to announce the final list of candidates on September 19. Tselane stressed that the electoral process is intentionally strict to maintain predictability, integrity, and credibility. The IEC is already managing routine administrative issues, such as resolving unclear ID copies and addressing instances where candidates have been nominated by multiple political parties, by contacting the respective parties to resolve the conflicts.
Looking ahead, Tselane noted that the ANC’s only viable path to contest in the affected areas would be to participate in future by-elections. This would allow the party to properly field its candidates and compete without the current legal and procedural complications clouding their participation.
