IEC says it’s not taking sides as it brands the DA election case ‘without merit’ - IOL

Chief electoral officer Sy Mamabolo says the IEC considers the DA’s legal challenge over single-name PR lists without merit, arguing the application was brought weeks before voting day.

The Electoral Commission of South Africa (IEC) has warned that the Democratic Alliance’s (DA) Electoral Court challenge over single-candidate proportional representation lists could disrupt the 2026 local government elections.

In its answering affidavit, the IEC said the DA’s application was brought just weeks before voting day, after nominations had closed and candidate lists had been certified.

IEC chief electoral officer Sy Mamabolo said the commission did not choose a side in the dispute, but strongly criticised the DA’s case.

“The Commission is firmly of the view that the DA’s case is without merit in law,” Mamabolo said.

“Many of the arguments made by the DA are factually opportunistic and legally specious.”

The DA had approached the Electoral Court over the decision by ActionSA, the Economic Freedom Fighters (EFF), uMkhonto weSizwe (MK) Party and GOOD to submit single-name PR lists in some municipalities.

The party raised concerns about voters being unable to see a fuller list of potential councillors before casting their ballots and has challenged the use of provisions allowing parties to supplement their lists after an election.

The IEC, however, says the practice is not new and has been used in previous local government elections.

Mamabolo pointed out that the DA itself submitted single-name lists in 12 municipalities for the 2026 local government elections.

“The DA itself accepts that a party may lawfully submit a list containing one candidate,” he said.

The commission has also taken issue with the timing of the DA’s application, which was launched on September 21.

Mamabolo said the relief sought by the DA would be “seriously disruptive” because it could affect the proportional representation ballot and the allocation of seats after votes had been cast.

He said the requested relief could either exclude parties from the PR ballot paper or alter the rules governing the allocation of seats after the election.

Mamabolo further argued that the DA’s timing had placed additional constraints on the IEC and other respondents.

“The DA chose to launch it weeks before voting day, at a time when the Commission’s resources are committed to the conduct of the elections,” he said.

The IEC said the single-name lists and subsequent supplementation did not arise for the first time in the 2026 elections and maintained that it would apply the relevant provisions consistently.

The DA’s challenge will now be considered by the Electoral Court, which will have to determine whether the use of single-candidate PR lists and the supplementation of those lists are permitted under the electoral framework.

The IEC has already finalised the candidate lists, with Mamabolo previously confirming that more than 136,000 candidates had been cleared to contest the elections. 

The case comes as the IEC prepares for the November 4 local government elections.