Journal News Network (JNN) has been reliably informed that the Constitutional Court is going to deliver a ruling in favour of the African National Congress (ANC) in the ongoing legal dispute regarding candidate nominations submitted on 28 August 2026 at 17:00.
A source close to the proceedings currently unfolding at the apex court has revealed to this newspaper that the court will establish that the internal electronic requirements of the Independent Electoral Commission (IEC) cannot be used to disenfranchise voters.
The deadline of 17:00, according to the source, served as the primary determining factor in the legal challenge, further noting that the necessary information was fully uploaded by the ANC and therefore present on the system at the required time.
The source further revealed that the ConCourt will find that the commission exceeded its statutory powers by attempting to enforce the additional step of pressing a button.
“The requirement of pressing a button is not a legal requirement. The compliance requirement is uploading, which is submission.”
The source further explained that the explanatory notes regarding button pressing are not contained within official election regulations, adding that the system used by the commission is merely an administrative tool designed for convenience rather than a legal mandate.
Moreover, the source pointed out that neither the commission nor the Democratic Alliance (DA) can rely on abstract legal cases to support their arguments.
“These are some of the many critical points they conceded. It means they can't support their case to exclude the candidates.
“The unanimous view of the bench will be that the internal requirement of the convenience of the IEC cannot be used to disenfranchise the voter. Therefore the pressing of the button outside the law is wrong,” stated the mole.
Earlier today during the court’s proceedings, Justice Rammaka Mathopo also highlighted how the Local Government - Municipal Electoral Act (Act No. 27 of 2000) empowers the IEC to make regulations regarding matters that must be prescribed.
However, he also emphasised that such binding regulations must follow proper legal formalities - such as being officially published in the Government Gazette - rather than being established merely through unlegislated internal guidelines, manuals, or digital system requirements.
“Regulation 4 89(4) says: ‘If you want to make regulations regarding any matter that may be prescribed in the regulations, that must be published in the Gazette’,” noted Mathopo.
He continued: “At the end of the day, as this court we have to explain to the community that this court’s judgement as the as the electoral code will disenfranchise the voters people will not participate in the forthcoming elections because of one added requirement which now becomes an extra legal rule.
“How will this court then be able to convey its expression to the communities that would say: ‘But I have a right you've told me that we have a right in terms of Section 19 of the Constitution. What happens to my right why is my right now diluted by that software button?’ Mathopo argued.
The pending full bench decision by the highest court in the land will therefore allow the affected candidates to remain on the official ballot for the local government elections on 4 November 2026.
Meanwhile, the IEC will on Wednesday host a media briefing on Wednesday, 14 October 2026, on the outcomes of special votes applications as well as its readiness for the upcoming elections.
