By Thapelo Molefe
The Johannesburg High Court has ruled that the ANC unlawfully removed its National Executive Committee (NEC) member Andile Lungisa from its Nelson Mandela Bay proportional representation candidate list.
In a judgment handed down on Friday, Judge Nelisa Mali declared the decision unconstitutional, unlawful and invalid, ordering the party to immediately restore Lungisa’s name to its internal candidate list.
The court further ordered that if the Electoral Commission of South Africa (IEC) allows the ANC to submit a supplementary candidate list under the Local Government: Municipal Structures Act, Lungisa’s name must be included.
The dispute arose after Lungisa’s name was removed on 28 August, hours before the IEC’s 5pm deadline for candidate nominations.
Lungisa argued that he had completed the party’s candidate-selection process and was included on the list finalised by the ANC’s National Executive Committee on or about 27 August. He was informed at 12.37pm the following
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