News24 | Andile Lungisa’s exclusion from ANC election list ruled unconstitutional

ANC national executive member Andile Lungisa has won his application to be reinistated on the ANC’s list.

Gallo Images/Netwerk24/Lulama Zenzile

ANC secretary-general Fikile Mbalula’s decision to remove ANC national executive committee (NEC) member Andile Lungisa from the Nelson Mandela Bay Metro’s proportional representation list was “unlawful and unconstitutional”, the Gauteng High Court in Johannesburg has found.

Lungisa submitted that Mbalula unlawfully ordered his deletion during a meeting with ANC functionaries at a Johannesburg hotel in September.

This was even though internal processes ranked him first.

But, in its papers, the ANC cited his criminal conviction and incomplete vetting as disqualifying criteria.

In a judgment on Friday, the court said the appropriate relief must consider the Electoral Commission of SA’s (IEC) statutory limitations and powers, and that it could not be directed to act out of step with its governing electoral legislation and election timetable.

The commission previously explained that, according to item 17 (1) of Schedule 1 of the Municipal Structures Act, the ANC could be afforded an opportunity to supplement its list.

“To the extent that the commission affords the second respondent (ANC) such an opportunity, the applicant’s name may accordingly be submitted as part of the supplementary list, subject to all applicable statutory requirements,” read the judgment by Judge Nelisa Phiwokazi Mali.

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