African National Congress (ANC) National Executive Committee member Andile Lungisa filed an urgent application in the Gauteng High Court in Johannesburg on Thursday, seeking to overturn his exclusion from the party’s proportional representation candidate list ahead of local government elections, according to court documents cited by TimesLIVE and Briefly News.
High Court Challenge Over Nelson Mandela Bay Candidate List
According to court papers filed by attorney Makangela Mtungani, Andile Lungisa has accused ANC Secretary-General Fikile Mbalula of personally ordering his removal from the Nelson Mandela Bay candidate list, despite the roster having been endorsed by the NEC, as reported by TimesLIVE. Lungisa was initially nominated by ANC branches, placed at the top of the list, and confirmed as the highest-placed candidate at the provincial list conference. Furthermore, ANC President Cyril Ramaphosa publicly announced him as a shortlisted mayoral candidate for the Nelson Mandela Bay metropolitan municipality.
The legal challenge centers on allegations that Mbalula convened a meeting at a Johannesburg hotel and instructed officials to delete Lungisa’s name because he would cause undisclosed problems for the secretary-general, according to affidavits reported by TimesLIVE. In the court filings, Lungisa asserts that his name remained on the list when the NEC met around August 27 to finalize candidates, but Mbalula bypassed internal rules to mandate the removal.
Administrative Lapses and ANC Candidate List Errors
The broader electoral dispute stems from administrative failures that left 252 ANC candidates, including Lungisa and Buffalo City contender Nocawe Mafu, off final rolls due to missing identity information, according to Briefly News and News24. While the ANC battles the Electoral Commission of South Africa (IEC) to extend candidate submission deadlines, internal friction has also marked the process. The ANC Veterans’ League previously raised objections to Lungisa’s inclusion, pointing to his 2018 conviction for assaulting a Democratic Alliance councillor, as noted by Briefly News.
Despite outside offers from opposition groupings such as People’s Power offering him alternative proportional representation seats, Lungisa publicly declined them to remain within ANC structures, according to Briefly News. The Gauteng High Court has given the ANC and Fikile Mbalula until Monday to file their formal response to the application.
Democratic Alliance Opposes Late Submissions at Electoral Court
While Lungisa challenges his specific exclusion, the Democratic Alliance (DA) has filed legal papers to oppose the ANC’s broader bid to secure late candidate submissions for municipalities where deadlines were missed, according to reports from the Democratic Alliance and Daily Maverick. The IEC reported that the ANC had zero system activity in two councils during final-hour registration windows, leading the DA to urge the Electoral Court to uphold strict enforcement of statutory deadlines.
Fikile Mbalula has maintained his stance on accountability within the governing party, stating to the Mail & Guardian that he will not resign unless instructed to do so by the ANC leadership. The High Court’s review of Lungisa’s application and the broader Electoral Court proceedings involving the DA will determine whether the contested candidate lists undergo alterations ahead of the upcoming municipal elections.