Electoral Commission gives similarly affected Political Parties same relief following Constitutional Court ruling
The Electoral Commission has noted and accepted the Constitutional Court’s ruling and directive regarding the African National Congress (ANC) and the submission of its candidate lists for the 2026 Local Government Elections.
The Constitutional Court order requires the Commission to include 181 ANC candidates (51 ward and 130 Proportional Representation) across six municipalities. The Commission has already put in place processes to give effect to this judicial injunction. The Commission holds constitutional obligations to ensure that all elections that it administers meet the high watermark for freeness and fairness. Part of that constitutional duty is even-handedness in the treatment of electoral contestants.
The Commission recognises that thirty-two (32) other similar-situated parties intended to contest against the ANC. These 32 other parties intended to contest in 121 municipalities across the country. Their intended participation involved all three ballot types: metro, local, and district. As with the ANC, these parties had nominated compliant candidates and paid election deposits but had not submitted their final candidate lists. Consistent with the constitutional imperative for free and fair elections as well as the importance of upholding the inherent principle of parity of treatment, the Commi
ssion has resolved that the thirty-two (32) similarly situated parties must be deemed to have lawfully submitted their candidates. The Commission’s view is that it would be irrational and offensive to the principle of parity of treatment to exclude parties similarly situated to the ANC. The Commission emphasises that the inclusion of parties was made judiciously and solely for the purpose of advancing free and fair elections demanded by the Constitution. The number of thirty-two is a sequel to compliance verifications that have been performed.
Thirteen other parties were found to have not met the requirements for lawful submission of candidates even after extending the effect of the Constitutional Court order. The missed requirements in relation to these thirteen parties include the payment of the election deposits and the voters’ roll registration exception to be registered in the municipality of contestation. Implications of the Commission’s decision The application of the Constitutional Court order to all similar situated parties to the ANC affects 107 municipalities.
Thirty-three million ballots will have to be produced to accommodate the extension of the judicial injunction. Of this new total requirement, twenty-seven million ballots had already been printed. However, 6,6-million ballots of that total requirement had not been printed. This affects the six municipalities whose ballots were affected by the appeal of the ANC that was before the Constitutional Court. The Commission held back from commencing with printing of the ballots until the Constitutional Court had made a ruling on the matter.
In other words, no costs were incurred in relation to ballots affecting these six municipalities. Immediate Steps The Commission will contact all 32 political parties to confirm whether they still intend to participate in the 4 November Local Government Elections. If they do, these parties will be given an opportunity to comply with candidate nomination requirements and, where required, supplement or substitute candidate names if on multiple lists. Candidates will then be provided with their candidature certificate. These processes will unfold in a truncated process limited to the involved thirty-three parties.
Impact on Election Day
At the moment, the Commission does not anticipate that these developments will affect the election date. However, it is apparent that our logistical preparations have been significantly affected. The logistical operations will now have to be conducted within a very truncated period. Once again, the Commission reaffirms its commitment to upholding the rule of law, including respecting the decisions of the courts. Furthermore, the Commission remains resolute that political parties are treated fairly and consistently in the administration of the electoral process. I thank you.
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