View noticesANC court victory sparks fresh tensions within GNU
The Constitutional Court’s decision to reinstate 181 African National Congress candidates for the 4 November local government elections has triggered fresh tensions within the Government of National Unity (GNU).
Since the ConCourt ruling on Thursday morning, ANC secretary-general Fikile Mbalula has called for a review of the Democratic Alliance’s continued participation in the coalition.
The ruling on Thursday overturned an earlier Electoral Court judgment that upheld the Electoral Commission of South Africa’s (IEC) decision to exclude the ANC candidates from contesting elections in six municipalities.
The dispute arose after the ANC uploaded its candidate lists to the IEC’s electronic nomination system but failed to complete the final submission process before the 28 August deadline.
Although the party maintained that it had submitted the necessary documentation and paid the required deposits, the IEC argued that the nominations had not been formally finalised.
The Constitutional Court has now ordered the commission to take the necessary steps to include the affected candidates in the electoral process.
The municipalities concerned are Mangaung in the Free State, uMshwathi in KwaZulu-Natal, and Port St Johns, Ngquza Hill, Walter Sisulu and Sundays River Valley in the Eastern Cape.
Mbalula reacted to the judgment by questioning whether the DA, which opposed the ANC’s legal challenge, remained committed to the principles underpinning the GNU.
He argued that coalition partners should respect the statement of intent governing their participation in the national administration.
Mbalula maintained that the ANC was not seeking to silence its partners or prevent them from taking independent positions. However, he suggested that the party should reconsider its relationship with coalition members whose actions it regarded as inconsistent with the GNU’s founding principles.
He accused the DA of attempting to prevent ANC candidates from appearing on the ballot, thereby denying voters an opportunity to support their preferred party.
His comments introduce another point of contention between the GNU’s two largest parties, which have repeatedly differed on policy and political matters since entering the coalition.
DA defends its legal position
The DA has rejected suggestions that its opposition to the ANC’s application was inconsistent with its participation in the GNU.
DA Federal Council chairperson Ashor Sarupen said the Constitutional Court ruling raised serious questions about the precedent being established regarding compliance with electoral deadlines and administrative requirements.
Sarupen maintained that the ANC had failed to complete the necessary submission process and that electoral rules should be applied consistently.
Responding to Mbalula’s comments, Sarupen said the DA was not participating in the GNU simply to agree with the ANC and would continue defending the rule of law and the equal application of legislation.
The DA’s position highlights a fundamental distinction between cooperation in national government and competition in elections.
Although the ANC and DA share executive responsibilities within the GNU, they remain separate political organisations competing for control of municipalities across South Africa.
Questions over electoral compliance
The judgment also raises broader questions about the interpretation and application of electoral regulations.
During proceedings, the ANC argued that the IEC’s electronic requirement to press a “Submit as Final” button was an administrative function rather than an express statutory requirement.
The party maintained that its nominations should not have been invalidated merely because that final electronic step had not been completed.
The IEC, supported by the earlier Electoral Court ruling, had treated the incomplete submission process as grounds for excluding the affected candidates.
The Constitutional Court has overturned that outcome, although its full written reasons have not yet been released.
Those reasons will be important in establishing whether the judgment has broader implications for other political parties that experienced similar difficulties with the IEC’s nomination system.
More than 40 political parties had been identified as having experienced comparable problems with finalising electronic submissions.
The IEC must now implement the court’s order while continuing preparations for the elections, including ensuring that the affected ballot papers accurately reflect the reinstated nominations.
Coalition faces another political test
Beyond the immediate electoral consequences, the dispute has renewed questions about how political competition between GNU partners should be managed without undermining cooperation in national government.
The DA’s participation in the legal proceedings was consistent with its position as a political competitor of the ANC, while Mbalula has framed the dispute as a matter involving the principles and obligations of coalition partners.
These competing interpretations could complicate relations between the parties, particularly as campaigning intensifies ahead of the municipal elections.
However, Mbalula’s call for a review does not in itself constitute a formal decision by the ANC to remove the DA from the GNU or withdraw from the coalition arrangement.
For now, the Constitutional Court ruling has resolved the immediate dispute over the ANC’s candidate nominations, while leaving the wider political disagreement between the two parties unresolved.
The court’s forthcoming written reasons could also provide greater clarity on the legal obligations of political parties and the IEC when using electronic candidate nomination systems.
Sources: Eyewitness News, Lindsay Dentlinger, 15 October; SABC News, 15 October; Mail & Guardian, Amahle Banda, 15 October; The Citizen, 15 October; Creamer Media/Polity, 15 October.