The Electoral Court has handed down a decisive judgment dismissing an urgent application by the newly registered United Democratic Front (UDF), which sought permission to participate in the upcoming local government elections despite missing the critical candidate nomination deadline.
The applicant, which was officially registered by the Independent Electoral Commission (IEC) on August 24, failed to comply with the August 28 deadline to submit its ward candidate nominations.
Under the 2026 local government election timetable published on August 7, all political parties and independent candidates intending to contest wards were required to submit their nominations by 17h00 on that date.
After the IEC denied a request for an extension, the party approached the Electoral Court on an urgent basis.
During the proceedings, the UDF proposed an alternative relief package. It sought permission to nominate "placeholder" candidates in selected wards, intending to substitute them with permanent candidates before the next relevant deadline in the timetable.
The party argued that because its registration was finalised only four days before the nomination deadline, it lacked sufficient time to properly identify, recruit and secure consent from suitable ward candidates.
It contended that the IEC should have used its powers under Section 11(2)(a) of the local government: Municipal Electoral Act 27 of 2000 to amend the election timetable in the interest of ensuring a free and fair election.
However, the Electoral Court rejected these arguments in their entirety.
The court clarified that while Section 11(2)(a) allows the IEC to amend the election timetable via the Government Gazette if deemed necessary for a free and fair election, it does not grant the Commission the authority to exempt an individual political party from a deadline that remains legally binding on all other participants.
Furthermore, the court noted that under Sections 11(3) and 17 of the Municipal Electoral Act, all acts relating to ward nominations must be completed by the exact date and time stipulated in the official timetable. Consequently, the Commission possesses no statutory power to condone late ward nominations.
The judgment emphasised that strict adherence to electoral timetables is fundamental to protecting the integrity of the democratic process.
It stressed that uniform deadlines promote equity among political parties and independent candidates, enable the IEC to administer elections efficiently and impartially, and ensure that the public perceives the elections as genuinely free and fair.
Allowing an individual party to bypass these deadlines would prejudice compliant participants and compromise the Commission’s neutrality, it argued.
The court similarly dismissed the "placeholder" candidate proposal. It ruled that the mechanism would effectively permit new ward nominations after the prescribed deadline, which violates the strict and limited substitution frameworks permitted under the Municipal Electoral Act.
The court also highlighted a further legal hurdle under Section 69(1) of the Act, noting that the proposal involved nominating individuals in wards that the party, by its own admission, did not genuinely intend to contest.
Ultimately, the Electoral Court found that the applicant’s predicament was largely self-created.
The party delayed lodging its registration application and failed to conduct necessary preparations for candidate nominations while its registration was pending.
The court noted that nothing prevented the organisation from identifying target wards, recruiting prospective candidates, and preparing the required documentation ahead of its official registration.
The court concluded that the IEC acted lawfully, rationally, and reasonably in refusing the extension, adding that the commission was correct in assessing that a timetable amendment was unnecessary.
This ruling arrives amidst broader candidate registration challenges across the political landscape.
Last week, the IEC affirmed that candidates who failed to finalise their applications are officially out of the running, though the commission continues to review all submissions for legislative compliance.
Meanwhile, ANC president Cyril Ramaphosa downplayed candidate registration difficulties his own party was experiencing, describing them as "containable and manageable".
Speaking at a campaign trail event in Ekurhuleni, Ramaphosa attributed the complications to IEC system failures, claiming they affected a few municipalities and impacted the ANC alongside 34 other political parties.
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