MK party cries foul over ANC’s 181-candidate court victory, threatens legal action

The apex court ruled in favour of the ANC and instructed IEC to include 181 councillor candidates excluded from the ANC lists in all electoral processes. The MK Party has accused the ANC of benefiting from special treatment after the Constitutional Court reportedly cleared the way for ANC candidates to contest next month’s local government elections. In a surprise move, the apex court ruled in favour of the ANC on Thursday and instructed the Electoral Commission of South Africa (IEC) to include 181 councillor candidates excluded from the ANC lists in all electoral processes. This decision comes after the ANC claimed that there were “technical glitches” with the IEC’s online system on the day the party submitted its final list of councillor candidates. The IEC has denied the claims. LIVE interactive map, latest news, multimedia and more! View Map MK party warning Warning that the ruling risks undermining confidence in both the electoral process and the judiciary, the MK party demanded that the court extend any relief granted to the ANC to all parties in similar circumstances. MK Party spokesperson Sifiso Mahlangu said the judgment raises serious concerns about fairness and equality before the law. “No political party should receive preferential treatment, and no party should be denied equivalent consideration without a lawful and defensible justification. “The MK party is concerned that this judgment raises serious questions about equality before the law, the consistent application of electoral rules and public confidence in the impartial administration of justice,” Mahlangu said. Concerns Mahlangu said it was particularly concerned that the ANC reportedly failed to submit its final candidate list by the prescribed deadline but still obtained relief from the country’s highest court. “No political party should receive preferential treatment, and no party should be denied equivalent consideration without a lawful and defensible justification.” Political influence Mahlangu said any relief afforded to the ANC should be extended to all parties in materially similar circumstances. Mahlangu also warned that the ruling could fuel perceptions that political influence plays a role in the administration of justice. “The relationship between political power and the administration of justice must never give rise to a perception that one political party enjoys an advantage before the law.” Mahlangu said the MK party has called on the IEC to urgently clarify how it intends to implement the judgment, preserve all records relating to candidate submissions, and apply electoral laws consistently and transparently. “The public is entitled to expect that every judgment is reached independently and that legal principles are applied consistently.” Legal action With election day looming, Mahlangu warned it is prepared to go to court if the IEC treats similarly placed parties differently. “Should the IEC fail to provide satisfactory clarification or adopt an approach that unlawfully differentiates between materially comparable political parties, the MK party reserves its right to approach a competent court for appropriate relief.” GNU The DA, the ANC’s biggest partner in the government of national unity (GNU), said it was also concerned about the implications of the ruling. “The judgment raises serious concerns about the precedent it sets for complying with the IEC’s deadlines and requirements, as the courts have held that strict mechanical compliance applies to deadlines in every matter up to now,” said DA Federal Council chairperson, Ashor Sarupen. He said the ANC has now succeeded in undoing its own failure to submit candidate lists in six municipalities.