Lungisa fights his removal from the list

ANC NEC member Andile Lungisa has taken the party and Secretary-General Fikile Mbalula to the Johannesburg Division of the High Court in Gauteng, challenging his exclusion from the Nelson Mandela Bay proportional representation candidate list.

The court will rule on October twelve

The Johannesburg Division of the High Court in Gauteng has reserved judgment on Lungisa's challenge. A ruling is expected on twelve October.

Mbalula says Lungisa is not entitled

ANC Secretary-General Fikile Mbalula posted on Facebook on Friday that Nelson Mandela Bay mayoral hopeful Andile Lungisa is not entitled to the position, drawing criticism from ANC supporters who accused him of overriding branches that backed Lungisa.

The ANC wants the case dismissed

In its reply, the ANC is asking the court to strike Lungisa's application from the urgent roll or dismiss it with costs on an attorney-and-client scale, including the costs of two counsel, one of them senior.

Mbalula denies personal instruction

Mbalula said Lungisa was not removed for any personal reason. The election committee independently determined his candidacy invalid due to adverse findings on his name, and Mbalula acted only on the committee's instruction.

“The election committee independently determined cadre Lungisa's candidacy invalid [due to] adverse findings on his name.”

All candidates must pass vetting

Mbalula said every candidate must be subjected to vetting by an agency appointed by the ANC and overseen by the electoral committee. Clause two point ten of the ANC National Executive Committee-approved candidate selection rules makes agreement to vetting a criterion.

Lungisa was convicted of assault in twenty sixteen

Andile Lungisa was convicted of assault with intent to cause grievous bodily harm after striking DA councillor Rano Kayser with a glass jug during a Nelson Mandela Bay council meeting in twenty sixteen, and was sentenced to two years in prison.

Lungisa says his disqualification expired

Under the Constitution, anyone convicted and sentenced to more than twelve months in prison without the option of a fine is disqualified from being elected as a councillor for five years after completing their sentence. Lungisa completed his sentence in twenty twenty.

The ANC waived its internal rule

In an August email, Lungisa argued that the ANC's twenty twenty-two national conference had waived the party's internal rule and that the constitutional five-year disqualification had expired in May twenty twenty-five.

Mbalula says vetting was incomplete

On twenty-eight August, Mbalula wrote to Lungisa that he had not completed required vetting and biometric fingerprinting, putting his candidacy in jeopardy. The ANC had no official record confirming that his criminal record had been expunged.

Lungisa says the court will rule for him

Speaking at the weekend, Lungisa said he believed the court had reserved judgment because the ANC could not answer whether it had the authority to remove his name from the PR list. He said the matter was long dead and the five years had lapsed.

“They are now reviving the Rano matter because they are being defeated in court; that matter is long dead.”

Supporters back Lungisa on social media

ANC supporters criticised Mbalula on Facebook. Vuyiseka Mboxela said they would listen to the judgment, not Mbalula. Ntsika Mwalimu called on Mbalula to allow the court process to run its course and said branches had nominated Lungisa as mayor.

“The Freedom Charter says people shall govern, and as the people of Nelson Mandela Bay, we have spoken.”

Mantashe tells Lungisa to drop the court case

ANC national chairperson Gwede Mantashe visited Nelson Mandela Bay and told Lungisa he had got ahead of himself by taking the ANC to court over a matter that could have been dealt with internally. Mantashe said he was the only one who could scold Lungisa.

“If they reprimand him, he will take them to court. I told him to leave the courts alone and discuss matters internally.”

Lungisa has strong local support

An ANC insider in Nelson Mandela Bay said Lungisa's influence and support in the region were undeniable and that his backing among voters would be important to the ANC's election campaign. Lungisa has become a powerhouse in the metro in a short space of time.

“You can't run away from the fact that Lungisa has become a powerhouse in the metro in a short space of time.”

The ANC may reconsider its position

The insider said the ANC will have to reconsider its position because Lungisa has single-handedly moved the needle of the campaign. Even if the ANC wins by joining a coalition, partners would prefer Andile as mayor, and his name is at the forefront wherever people go.

“You can't deny that Lungisa has single-handedly moved the needle of the campaign.”