The Eastern Cape High Court in Makhanda (Grahamstown) dismissed an urgent application by two ANC members seeking to nullify the party’s councillor and mayoral candidate lists for the 4 November 2026 local government elections.
Judge Motilal Rugunanan dismissed the application (case Joiyasi & Mambulu v ANC Eastern Cape PEC and others, case number 2026-228155) on or around 23–24 September 2026. Full written reasons had not been issued at the time the ANC publicly welcomed the outcome.
Background and applicants’ claims
Two ANC members, linked to branches in the Chris Hani and Alfred Nzo regions (including the Inxuba Yethemba sub-region), approached the court on an urgent basis. They sought to set aside the provincial councillor candidate lists and mayoral candidate lists.
They alleged that:
- Party processes, guidelines, and the ANC’s 2026 candidate selection rules were not followed during nominations.
- The selection process was manipulated and did not reflect what occurred at branch general meetings.
- The finalised ward councillor candidate list was not published on the party’s website as required.
- The list was altered after internal processes, with applicants claiming ANC secretary-general Fikile Mbalula admitted the alteration in a letter.
Respondents named included the Eastern Cape ANC Provincial Executive Committee (PEC), provincial secretary Lulama Ngcukaitobi, and Mbalula. The applicants also cited the Electoral Commission of South Africa (IEC) in connection with election-related aspects. The defence argued the matter was not urgent and properly belonged in the Electoral Court.
ANC response and broader context
The ANC welcomed the dismissal. Provincial spokesperson Yanga Zicina and national spokesperson Mahlengi Bhengu urged members to “close ranks,” avoid using courts as a political platform for failed election bids, and focus on community engagement and campaigning ahead of the 4 November poll. The party maintained that its selection process complied with its constitution, election guidelines, and rules.
This ruling forms part of a wider pattern of internal conflict and litigation in the Eastern Cape ANC in 2026:
- Earlier court findings declared the appointment of a Provincial Task Team (PTT) unlawful and set aside its decisions, creating leadership and process uncertainty.
- On 16 September 2026, the Electoral Court dismissed the ANC’s appeal regarding 181 excluded candidates across six municipalities (four in the Eastern Cape: Port St Johns, Ngquza Hill/Ingquza Hill, Walter Sisulu, and Sundays River Valley, plus others elsewhere). This stemmed from the party’s failure to complete final electronic submissions on the IEC system before the 28 August deadline. The ANC has pursued further avenues, including approaches toward the Constitutional Court.
- Internal reports and public statements (including from Eastern Cape ANC chair Oscar Mabuyane) pointed to “anarchy,” alleged list manipulation, last-minute submissions (e.g., the provincial list arriving with only about 29 minutes remaining), and tensions between provincial figures such as Ngcukaitobi and national leadership under Mbalula. Separate disputes have involved threats of defamation proceedings and challenges to specific candidate placements (e.g., involving Andile Lungisa).
Implications
The dismissal allows the ANC’s existing candidate lists (where successfully submitted) to stand for the elections. It does not resolve the separate Electoral Court losses that left the party without candidates (or with incomplete PR lists) in certain Eastern Cape municipalities—areas where opposition parties such as the SACP or UDM have been flagged by analysts as potential beneficiaries.
Full written reasons from Judge Rugunanan will clarify the precise legal basis (e.g., urgency, jurisdiction, exhaustion of internal remedies, or the merits of the process allegations). Until then, the outcome primarily reflects the court’s rejection of the urgent bid to overturn the lists. The episode underscores ongoing factionalism, administrative challenges, and heavy reliance on litigation within the Eastern Cape ANC structures in the run-up to the 2026 local polls.
