The ANC's candidate lists were never finalised before the deadline. The ConCourt put its 181 candidates on the ballot anyway

The Constitutional Court on Thursday 15 October ordered the Electoral Commission of South Africa (IEC) to put 181 African National Congress (ANC) candidates on the ballot for the 4 November local elections. The ANC had missed the 28 August deadline to finalise its candidate lists in six municipalities.

Justice Rammaka Mathopo read out the order in Johannesburg. The court granted the ANC leave to appeal, set aside an Electoral Court ruling from last month and ordered the IEC to do everything needed to include the lists. Mathopo said the court's reasons will be given at a later date.

The news broke on eNCA's X account at 10:23am and drew more than 41,000 views and 172 replies within hours. Many readers asked the same thing. If the deadline can be waived for one party, what is it for?

Which six municipalities does the ruling cover?

The order covers six municipalities in three provinces. Reports by EWN and News24 on the hearing and the ruling name them as follows.

Mangaung is a metro that includes Bloemfontein. The other five are smaller local municipalities. In total, 181 ANC candidates were left off the lists in these six places.

What did the ANC miss, and why did it end up in court?

The IEC's online system asks parties to upload their candidates and then press a button marked "submit as final". The deadline was 5pm on 28 August.

The ANC says its administrators uploaded the lists and all the documents before the deadline, but could not press the final button in time. The IEC refused to accept the lists. The Electoral Court backed the IEC, so the ANC went to the Constitutional Court.

At the hearing on Monday 12 October, the ANC's lawyer argued that the "submit as final" step is not written in the Municipal Electoral Act or its regulations. The IEC and the DA opposed the appeal. The DA warned of "absolute chaos" if the ANC got a second chance, and argued that other parties in the same position would then have to get one too.

Reports from the hearing said the judges pressed both sides. Some asked whether a button in IEC software should be able to shut a party out of an election. Others asked the ANC why it did not follow a process it had used for years.

Did all the judges agree?

No. News24 reported that the court split 6 to 2 in the ANC's favour.

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Acting Justice Annali Basson and Justice Kate Savage would have dismissed the appeal. The six in the majority were Mathopo and Justices Nonkosi Mhlantla, Leona Theron and Nambitha Dambuza, with Acting Justices Andre Le Grange and Lister Nuku.

The court has not yet said why the majority decided as it did, or why the two judges disagreed. Those reasons are still to come.

What does the IEC say?

IEC chairperson Mosotho Moepya welcomed the ruling. He said it "brings absolute certainty and clarity" to a matter that had cast doubt over what to do, according to IOL. He also called it a "precedent-setting judgment".

The IEC had already printed about two out of every three ballot papers. Deputy chief electoral officer Masego Sheburi said about 66% of the 79 million ballots were done. Printing was due to finish on 18 October.

Moepya said ballots already printed for the six municipalities will be reprinted. The IEC says it is implementing the order and will not speculate on any further court challenges.

Photo: André-Pierre from Stellenbosch, South Africa. / Wikimedia Commons, CC BY 2.0

Were other parties in the same position?

The IEC says yes. EWN reported that more than 40 parties uploaded candidate information but did not finalise their lists by the August deadline.

Reports on the hearing put the number of candidates captured on the system but not finally submitted at 2,274, from different parties. Those candidates were left out.

At least one other party has already lost a deadline fight. The Electoral Court dismissed an application from the United Democratic Fund Party, filed on deadline day, that asked for more time to submit its lists.

Afrika Mayibuye, led by Floyd Shivambu, called for equal treatment of all parties in the same position as the ANC. The United Democratic Movement (UDM) leader Bantu Holomisa welcomed the judgment. He asked for an urgent meeting between the IEC and the party liaison committee so parties can understand what it means for them.

DA federal council chairperson Ashor Sarupen said the DA respects the judgment. He raised concerns about what it means for enforcing IEC deadlines in future, News24 reported.

What are people saying about deadlines?

Hundreds of people replied to eNCA's post. Many were angry, and the most repeated question was a short one. "What is the use of deadlines then?"

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Several people compared it to their own lives. One wrote that they had filed their tax return, they just never pressed the "file" button. Another asked if this now sets a precedent for the South African Revenue Service (SARS).

Many people questioned the ruling and asked whether the rules are the same for everyone. One reply said that in the last election, parties that could not upload their signatures in time were not let back in.

The IEC's own numbers explain why the question stings. More than 40 parties say they hit the same wall, yet only one of them took the matter to the highest court and won.

Photo: KeMang?? / Wikimedia Commons, CC BY 4.0

What did the ANC say?

ANC secretary-general Fikile Mbalula said the ruling vindicated the party after weeks of uncertainty. News24 reported that he became emotional, said the ANC respects the IEC, and also said the party would review its relationship with the DA in the government of national unity. "We must look for other partners," he said.

The DA's Sarupen said the ANC is in "terminal decline". Both parties sit in the same national government, and both are in a fight for votes on 4 November.

How the dispute unfolded

Sources - eNCA, EWN, News24, IOL and TimesLIVE. Our own guide to where to vote and what to bring on 4 November has the full set of dates for voters.

What does this mean for voters in the six municipalities?

If you live in Mangaung, uMshwathi, Port St Johns, Ngquza Hill, Walter Sisulu or Sundays River Valley, the ANC will now appear on your ballot. Your voting station stays the same.

The ballot papers for those areas will look different from the first print run, and the IEC has to reprint them in under three weeks. The first special votes are also close.

The ruling lands in an election where the stakes are already high. Our report on what happens after 4 November if no party wins a council outright shows how many councils could end up hung, which means one party, however small, can decide who runs a city.

More than 40 parties are now watching to see whether the reasons the court promised will open the door for them too. When the court publishes those reasons, it will have to say what a deadline means for the next party that misses one.