ANC ruling sparks debate over precedent and voter rights

Though the Constitutional Court (ConCourt) has yet to explain its ruling on the ANC’s failed candidate submissions, anxiety is mounting over whether the decision could set a dangerous precedent or simply refine the Electoral Commission of South Africa’s (IEC) procedures.

The judgment, delivered last week, allowed the ANC to resubmit lists for six municipalities after missing the 28 August deadline.

ConCourt allowed ANC to resubmit lists

The ConCourt overturned the Electoral Court’s earlier ruling, which had rejected the ANC’s explanation for non-submission.

Independent political analyst Ralph Mathekga cautioned against rushing to label the ruling a precedent.

“We can’t say it will set a dangerous precedent because we don’t know that. We can only deduce that after we review the reasoning the court provides,” he said.

Mathekga said the IEC’s registration process itself has not yet received judicial evaluation.

He expected the ConCourt’s eventual reasoning to scrutinise whether the IEC’s submission rules are fair and transparent.

He said the ruling might have been driven by the need to protect voters.

Caution against labelling ruling ‘dangerous precedent’ without reviewing reasoning

“The court may have reasoned that excluding candidates over a technical glitch or unclear rule would deny citizens their constitutional right,” he said.

Mathekga said the IEC could be compelled to tighten its submission process to avoid ambiguity.

The case arose when the ANC failed to submit 181 candidates by the deadline, affecting candidates from Eastern Cape, KwaZulu-Natal and the Free State.

The IEC refused to reopen submissions and the Electoral Court upheld that decision. The ANC appealed to the ConCourt, which granted relief.

Many experts have said that pressing the final submission button was integral to the process and that the ANC should have been disqualified.

The ConCourt’s intervention, however, suggested that voter rights might outweigh party incompetence or technical mishaps.

Judgment might refine IEC’s processes

Political analyst Goodenough Mashego said he had expected the ConCourt to side with the ANC after the Electoral Court rejected its appeal.

He suggested the ruling may also have considered that three other parties in 2024 faced similar registration problems, but the ConCourt rejected their attempts to be given a second chance.

The IEC has denied any glitches or breaches in its system, insisting the ANC failed to complete its submission.

Mathekga said the judgment might refine the IEC’s processes, rather than set a precedent.