South Africa’s Largest Party to Appeal Lungisa Ruling

SOUTH AFRICA · ELECTIONS

The ANC will challenge a ruling that its secretary-general broke party rules by dropping a mayoral hopeful at the last minute.

South Africa’s African National Congress (ANC) said on Saturday, 10 October, that it will appeal a High Court order. The ruling went in favour of Andile Lungisa, a member of the party’s national executive committee.

Lungisa wanted to run for mayor of Nelson Mandela Bay, the metro around the port city of Gqeberha. The ANC is the largest party in the national unity government.

Judge Nelisa Mali of the Johannesburg High Court ruled on Friday, 9 October. She found that secretary-general Fikile Mbalula acted unlawfully when he removed Lungisa from the candidate list.

The dispute lands less than four weeks before the 4 November local government elections. The ANC is fighting to win back control of major cities.

What the ANC Said

In a statement reported by IOL on Saturday, the party said it had noted the judgment and “resolved to appeal” it. It said the case raised “fundamental questions concerning the organisational autonomy of political parties.”

“These matters warrant further judicial consideration,” the statement said, according to IOL. The party added that choosing candidates is an internal matter under its own constitution.

It also urged members to remain united. The statement did not name a spokesperson.

It had not been posted on the ANC’s website by Sunday morning. The party did not say which court it would approach or when it would file.

What the Court Found

IOL, EWN and Daily Maverick described the court record. The party’s national executive finalised its lists around 27 August.

At about 12:37 p.m. on 28 August, Lungisa learned that his name had been removed. That was less than five hours before the 5 p.m. deadline of the Electoral Commission of South Africa (IEC).

Mbalula’s letter said Lungisa had skipped vetting and biometric fingerprinting. It also asked for proof that his criminal record had been cleared.

Mali found that the party had failed to show that Lungisa missed vetting. The evidence supported his account that he had attended.

She declared the removal unconstitutional, unlawful and invalid. The judge said the secretary-general had no power to change a final list on his own.

Under ANC rules, a candidate can be removed only after a failed vetting or a 90% vote of the extended national executive. Without a final vetting outcome, the judge said, it was hard to see any basis for the removal.

“A final list could apparently be altered by an individual office-bearer on the eve of the statutory deadline,” Mali wrote, IOL reported. She ordered the party to restore Lungisa to its internal list.

The ANC must also pay his legal costs on a punitive scale. The judge declined to hold Mbalula personally liable, finding no proof of bad faith.

Daily Maverick reported that the judgment records Lungisa winning the votes of 35 of 60 branches. IOL reported he had been shortlisted for mayor on 22 August.

Why the Ruling Changes Little for the Ballot

The judgment came too late to put Lungisa on the ballot papers for 4 November. The IEC did not oppose his application.

But the commission told the court it could accept his name only on a supplementary list. Such a list can be called after the vote.

That happens if a party wins more proportional seats than it has names on its list. The court ordered the ANC to include Lungisa on any such list.

The ANC’s papers also questioned his eligibility. In 2018 a court sentenced Lungisa to three years in prison, one of them suspended.

The conviction was for assaulting Democratic Alliance councillor Ryno Kayser with a glass water jug at a 2016 council meeting. Lungisa argued that enough time had passed since then; the party disputed his count.

The case is one of several list disputes before the courts. Daily Maverick reported that the ANC has separately challenged the IEC’s exclusion of 181 of its candidates in six municipalities.

The Constitutional Court was expected to hear that case on Monday, 12 October, the outlet reported.

What It Means for US Readers

Nelson Mandela Bay is a hub of South Africa’s car industry. Volkswagen builds cars for export at its plant in Kariega.

General Motors ran a factory in the metro until it left South Africa in 2017. Isuzu now operates that plant.

Shifting coalitions have run the metro since the ANC lost its majority there in 2016. For carmakers, suppliers and their foreign shareholders, control of the council shapes water and electricity services.

The case also tests whether the ANC can keep order in its own ranks during the campaign. It faces the Democratic Alliance and smaller parties in every major city.

Results in Nelson Mandela Bay, Johannesburg and Tshwane will shape how stable the national coalition looks to foreign investors. The vote also comes as relations between Pretoria and Washington remain strained.

What Is Not Known

• Which court the ANC will approach, when it will file, and on what specific grounds.
• Whether an appeal would suspend the order to add Lungisa to any supplementary list.
• Whether Lungisa will respond publicly or campaign for the ANC in the metro regardless.
• The case number and full text of the judgment, which had not been published by Sunday morning.

What Comes Next

Watch for the ANC’s appeal papers and the Constitutional Court hearing on the 181 excluded candidates. South Africans vote for municipal councils on Wednesday, 4 November.

Frequently Asked Questions

Who is Andile Lungisa?

He is a member of the ANC’s national executive committee from Nelson Mandela Bay. The party shortlisted him as a possible mayoral candidate in August.

What did the High Court rule?

Judge Nelisa Mali ruled that Fikile Mbalula had no power to remove Lungisa from a final list. She ordered the ANC to restore him and pay his costs.

Will Lungisa be on the 4 November ballot?

No. The ruling came after the IEC deadline, so his name can only appear on a supplementary list after the vote.

Why is the ANC appealing?

The party says the case raises questions about the autonomy of parties to choose candidates. It has not set out detailed grounds.

When are South Africa’s local elections?

Voters elect municipal councils on Wednesday, 4 November 2026. Metro councils then choose the mayors.

Sources: IOL, ANC to appeal ruling ordering reinstatement of Andile Lungisa; IOL, Court rules Mbalula unlawfully removed Lungisa; EWN, Court finds Mbalula unlawfully removed Lungisa; Daily Maverick, High Court orders ANC to reinstate Andile Lungisa; ANC, statement on the matter of Andile Lungisa (3 October) (all accessed 11 October 2026).

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