‘They don’t want fair competition’: DA takes parties to Electoral Court over candidate lists

· Citizen

The Democratic Alliance (DA) has dragged four political parties over municipal candidate lists to the Electoral Court, arguing that voters should know which individuals could ultimately occupy proportional representation (PR) seats before casting their ballots in the 2026 local government elections.

The DA’s legal challenge targets ActionSA, the Economic Freedom Fighters (EFF), the uMkhonto weSizwe (MK) Party and Good.

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At the centre of the dispute is the parties’ alleged move to submit only a single candidate in each municipality they are contesting, while potentially adding further names to their lists after the election.

The DA contends that this approach goes beyond what the law intended when it created limited circumstances in which political parties may supplement their candidate lists.

DA heads to Electoral Court over candidate lists

In papers before the Electoral Court, DA Federal Council chairperson Ashor Sarupen argued that the Local Government: Municipal Structures Act requires parties to submit their lists of candidates ahead of an election.

According to Sarupen, the legislation does make provision for a party to add candidates before the first meeting of a municipal council.

However, this is only applicable in circumstances where the party has genuinely underestimated the level of support it would receive and subsequently obtains more seats than it has candidates available to fill those positions.

He argued that the provision should not be used as a deliberate strategy.

“Their intent is to supplement their lists after the election, without ever revealing their candidates before the election.

“They want to abuse the narrow exception for good faith mistakes in estimating support, and convert it into an election strategy that fundamentally undermines democracy.

“They do not want voters to know who they are voting for.

“They do not want a fair competition with other political parties where both sides know who the other’s candidates are,” Sarupen’s affidavit stated.

DA accuses parties of ‘bending the rules’

Sarupen also criticised the alleged approach in a statement, accusing the parties of “bending the rules”.

“The law in question was not crafted to allow parties to hide or conceal their candidates from voters and wait for the election to be done before submitting names to the IEC [Electoral Commission of South Africa].

“Doing this is a perversion of the very meaning of a candidate election and is deeply disrespectful to South African voters.

“The law was only intended to cover situations where parties make entirely unexpected and fortuitous surges in support and end up winning a few more PR seats than their lists could cover before the election,” the statement, released on Tuesday, 22 September 2026, reads.

The DA also referred to the ANC’s exclusion from contesting in several municipalities after it failed to submit its candidate lists to the IEC by the 28 August deadline.

“If the ANC engaged in the same wilful deception of voters and only submitted one name on the list, it would be on the ballot.”

The ANC is appealing an Electoral Court judgment that ruled in favour of the IEC.

Sarupen added: “Voters must be presented the candidates they are voting for. Elections cannot become games of slight-of-hand.

“The ballot box must determine which candidates are elected.”

ActionSA rejects DA’s case

ActionSA has rejected the DA’s challenge, with national chairperson Michael Beaumont accusing the opposition party of attempting to use the courts for its own agenda.

“ActionSA notes the frivolous and undemocratic legal case filed by the DA to disenfranchise voters through the courts that they cannot win at the ballot box.

“ActionSA will respond tomorrow and we will defeat this plan to back door a qualified franchise in South Africa,” Beaumont said on X.

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