‘Author of its own misfortune’: Electoral Court dismisses Operation Dudula election bid - IOL

The Electoral Court has dismissed Operation Dudula’s application for more time to submit candidate lists after the party missed the August 28 deadline to complete some of its nominations and party lists.

The Electoral Court has dismissed Operation Dudula’s bid for more time to submit outstanding party lists and ward candidate nominations for the 2026 municipal elections.

Operation Dudula failed to complete some of its submissions by the August 28 deadline and had asked the Electoral Commission of South Africa (IEC) to give it an additional 48 hours to complete the process.

The IEC refused, saying it had no legal basis to grant the party an individual extension. Operation Dudula then approached the Electoral Court, arguing that the IEC’s decision was unlawful and irrational.

The dispute followed an internal leadership battle that affected the party’s access to the IEC’s online candidate nomination system. According to the judgment, Solomon Kekana was registered with the IEC as Operation Dudula’s leader and Online Party Administrator, although the party had suspended and expelled him.

"The consequence was that after the expulsion of Mr Kekana, the applicant had no means whatsoever of accessing the system in which its candidates had to be captured," the judgment reads.

Operation Dudula approached the IEC in May to change its records but was told it needed a court order. The party obtained that order on August 27, one day before the nomination deadline.

On the final day, Operation Dudula representatives went to the IEC’s national office, Election House, hoping to submit documents by hand. The IEC refused, saying physical submissions had to be made at the designated offices of its local representatives.

Operation Dudula then received assistance with the online system and continued with its submissions. But the 5pm deadline passed while some submissions remained incomplete.

The outstanding documents included party lists for Polokwane, eThekwini and Cape Town, as well as certain ward candidate nominations in Tshwane and Johannesburg.

The Electoral Court found that election documents had to be submitted in the manner and within the period prescribed by law.

"Election House is the national office. It is not the office of any local representative, and the designated offices had been gazetted, expressly in terms of ss 14(1A)(a) and 17(1A)(a) of the Act," the court said.

It also relied on previous Constitutional Court findings on the importance of election deadlines.

Quoting the Constitutional Court, the judgment said: “That requires deadlines, like those contained in the Election Timetable to be strictly adhered to.

"The Commission does not have the power in law to condone non-compliance with the Electoral Act, the Regulations and the Election Timetable. This rigidity is tempered by the provisions of section 20(2) of the Electoral Act, which grant the Commission the power to amend the Election Timetable"

The court rejected Operaation Dudula’s argument that the IEC could give it a special extension.

The judges also criticised the party’s election preparation, saying it had allowed its leadership dispute to affect its functioning and had only received training on the IEC’s online system on the final day.

"The applicant is the author of its own misfortune. It allowed its leadership dispute to paralyse its functioning and waited until it was too late to resolve its internal squabbles".

"In the meantime, no attempt was made by the applicant’s officials to familiarise themselves with the relevant legislative provisions regulating the applicant’s participation in the upcoming municipal election."