South African Constitutional Court reserves judgment on ANC candidate dispute

The Constitutional Court of South Africa has reserved judgment on a dispute between the African National Congress (ANC) and the Electoral Commission of South Africa (IEC) regarding candidate nominations.

The ANC is challenging the exclusion of 181 candidates from six municipalities in the upcoming November 4 local government elections. The exclusion follows the party's failure to meet a deadline on the IEC’s Online Candidate Nomination System (OCNS).

During the proceedings, IEC legal representative Advocate Terry Motau argued that the ANC cannot selectively challenge the system's requirements. He noted that while the requirement to click a final submission button is not explicitly stated in current legislation or regulations, the ANC has used and benefited from other non-prescribed features of the electronic system for years, such as the ability to upload documents digitally.

Justice Rammaka Mothopo questioned the legal basis for the submission button requirement, noting it appeared to derive from neither legislation nor regulations. The court will now deliberate on whether the commission has the authority to enforce such operational requirements.