Court finds Andile Lungisa’s removal from ANC list unlawful

ANC national executive committee member Andile Lungisa has won his court bid to challenge his removal from the party’s proportional list of candidates for Nelson Mandela Bay in the November 4 local government elections.

The Gauteng High Court has ruled that his removal was unconstitutional, unlawful and invalid, with a directive for the party to restore and resubmit his name on the PR list.

The judge ruled that the respondent, ANC secretary-general Fikile Mbalula, failed to adequately establish that Lungisa did not attend the vetting process, which constituted their principal debate.

“The evidence before the court viewed as a whole supports the applicant’s contention that he attended the relevant vetting process. In any event, even if some aspect of the vetting process remained incomplete, the respondents failed to establish that the first respondent had authority, acting unilaterally to remove the applicant’s name from the internal list at the stage at which the removal occurred.”

The Electoral Commission of South Africa distanced itself, saying it does not oppose the application in its substance.

“It has, however placed before the courts the statutory limitations governing the submission and subsequent supplementation of party lists. Those submissions are important because the court cannot grant an order requiring the commission to act contrary to the governing electoral legislation.”

The court ruled that the respondents, who include Mbalula, must ensure that the name of Lungisa be reinstated to the internal list of Luthuli House.

“To the extent that the chief electoral officer of the fifth respondent affords the ANC to supplement its list under item 17(1) of schedule 1 to the Local Government: Municipal Structures Act, it is directed that the name of the applicant shall be submitted as part of the supplementary list provided under this provision.”