ZA High Court: Andile Lungisa ANC Reinstatement to Candidate List

• The High Court ordered the ANC to reinstate Andile Lungisa to its Nelson Mandela Bay proportional representation candidate list.
• Judge Nelisa Mali ruled that Lungisa's removal by the ANC was unlawful and unconstitutional, also ordering the party to pay his legal costs.
• The court directed the ANC to submit Lungisa's name to the IEC if legal provisions allow for list supplementation.
• Andile Lungisa had accused ANC Secretary-General Fikile Mbalula of removing his name, but the court did not find Mbalula personally liable.
• This ruling comes as the ANC also contests the IEC's exclusion of 181 other candidates in a separate case before the Constitutional Court, ahead of the November 4 local government elections.

The High Court's decision underscored that the ANC's action to remove Andile Lungisa was both unlawful and unconstitutional.

The African National Congress (ANC) has been ordered by the High Court to reinstate Andile Lungisa to its candidate list for Nelson Mandela Bay, a decision that comes less than a month before the upcoming local government elections. In a ruling delivered on Friday, October 9, Judge Nelisa Mali declared the party's prior removal of Lungisa from its proportional representation candidate list as unlawful. This judgment not only mandates his return to the list but also compels the ANC to cover Lungisa's legal expenses incurred during the challenge.

The court's directive specifically instructs the ANC to submit Lungisa's name to the Electoral Commission of South Africa (IEC), provided that legal provisions allow for the supplementation of candidate lists at this stage. Lungisa, who was considered a mayoral hopeful, had his name removed from the list at an advanced stage of the ANC's candidate selection process, leading to this legal dispute.

The High Court's decision underscored that the ANC's action to remove Andile Lungisa was both unlawful and unconstitutional. Judge Mali found that the party failed to provide adequate justification for his removal, which occurred shortly before the critical candidate-nomination deadline. This finding highlights a judicial willingness to intervene when internal party processes are deemed to violate established legal and constitutional principles.

Lungisa had specifically accused the ANC's Secretary-General, Fikile Mbalula, of being responsible for his removal from the candidate list. However, while the court ruled against the ANC's decision, it did not find Mbalula personally liable for the unlawful action. Judge Mali's pronouncement explicitly stated, "The decision to unilaterally remove the applicant's name from the second respondent's proportional representation list was accordingly unlawful and unconstitutional," solidifying the court's stance on the procedural impropriety.

This ruling against the ANC emerges as the party prepares for the November 4 local government elections, adding to a series of legal and logistical challenges it faces. The party is concurrently engaged in another significant legal battle concerning the exclusion of 181 of its candidates by the IEC across six different municipalities. This separate matter has been escalated to the Constitutional Court, where the ANC is seeking a favorable outcome.

The High Court's order to reinstate Andile Lungisa, coupled with the ongoing Constitutional Court case, illustrates the complex legal landscape political parties navigate in the run-up to South Africa's local government elections. These judicial interventions underscore the importance of robust and legally sound internal processes for candidate selection and removal, particularly for high-profile positions and lists like the Nelson Mandela Bay proportional representation list.

Lawyers advising political parties should review internal candidate selection and removal processes to ensure they are constitutionally sound and procedurally fair, as this ruling demonstrates judicial willingness to intervene when such decisions are deemed unlawful, potentially leading to costly litigation and reputational damage.

Source: Original reporting via Daily Maverick