The Abantu Batho Congress (ABC) has claimed in court has claimed in papers before the Electoral Court in Bloemfontein that 11 of its councillors appear on the candidate lists of the IFP, uMkhonto weSizwe (MK) Party for the November 4 local government elections.
The Electoral Commission of South Africa (IEC), the councillors, and the implicated parties have been cited in the case - a date for the hearing is yet to be set.
The ABC, which was founded by former eThekwini deputy mayor Philani Mavundla, wants the Electoral Court to declare the registration of its 11 councillors as candidates under the three parties in the different municipalities in the province null and void. The party also wants the court to declare that the councillors have automatically terminated their party membership with ABC and their seats in the respective municipalities should be declared vacant. The party also wants the court to order the affected municipalities to stop paying their salaries.
In the court papers seen by The National, Mavundla, in his capacity as the ABC party president, states that the IEC acted unlawfully in accepting and registering these councillors as candidates.
He said the IEC was aware that the party was engaged in litigation with the councillors and a court order was granted preventing both the party from expelling them and the IEC from declaring vacancies in their seats.
Mavundla argued that the councillors had effectively crossed the floor by joining other parties and being registered as candidates for them while there was an order preventing the ABC and the IEC from replacing them.
He added that upon seeing the published candidates list released by the IEC on September 16, he immediately wrote to the IEC requesting it to remove the mentioned councillors from the lists of other political parties as they were still protected members of the party.
However, the IEC failed to remedy the situation. He argued that the court order clearly stipulated that they were members of his party pending the finalisation of their case.
“The IEC’s failure to remove the individual respondents from the candidate lists of other parties, despite having placed on terms to act, is unlawful and constitutes a failure to fulfil its statutory duties,” Mavundla argued.
The court papers explain that in 2024, the ABC expelled the affected councillors. However, in 2025, the Pietermaritzburg High Court blocked their expulsion and interdicted both the party and the IEC from replacing them, pending the finalisation of the matter. The case is yet to be finalised.
While the IFP and Afrika Mayibuye had not responded to questions by the time of publication, the MKP provincial convener said his party facilitated an out-of-court settlement between the councillor and the party; therefore, his party would not be affected by the ABC’s court application.
However, Mavundla disagreed, saying that under the terms of the settlement agreement, the councillor undertook to withdraw from the initial case and therefore he is cited in the application.
The IEC spokesperson Kate Bapela had not also responded to the questions at the time of the publication.
willem.phungula@nationalmg.co.za