Court rules removal unlawful

Judge Nelisa Mali ordered the ANC to reinstate Andile Lungisa on its Nelson Mandela Bay candidate list, finding his removal was unlawful and unconstitutional.

“The decision to unilaterally remove the applicant's name from the second respondent's proportional representation list was accordingly unlawful and unconstitutional.”

Lungisa removed before deadline

Lungisa's name was removed from the ANC's proportional representation list on twenty-eight August, shortly before the candidate-nomination deadline, despite progressing through the party's internal selection process.

He had community backing

Lungisa was voted for by thirty-five out of sixty branches and endorsed by communities in ANC wards, according to the judgment handed down on Friday, nine October.

ANC's vetting defence failed

The ANC argued Lungisa had not completed the required vetting process, but the court found the party had not adequately demonstrated this claim.

“The respondents failed adequately to establish that the applicant did not attend the vetting process, which constituted their principal defence.”

Mbalula lacked removal authority

The judge found that Secretary-General Fikile Mbalula did not have the authority to unilaterally remove Lungisa's name at that stage of the candidate-selection process.

“The Secretary-General's function is not thereby converted into an unrestricted discretion to amend the final list.”

Parties must follow their rules

Judge Mali cautioned that while political parties have the right to select candidates, they must follow their own rules and act in accordance with the Constitution.

“The party's own rules be applied consistently with the Constitution.”

Mbalula not held personally liable

The court found that evidence did not establish grounds to impose personal liability on Mbalula, despite Lungisa's argument that the secretary-general had abused his office.

Reinstatement may come after polls

The ANC must reinstate Lungisa and submit his name to the Electoral Commission of South Africa if the law permits, though reinstatement may only be possible through a supplementary list after the four November elections.