Eastern Cape African National Congress (ANC) provincial secretary Lulama Ngcukayitobi has threatened legal action against secretary-general Fikile Mbalula over a candidate-list scandal, according to a legal letter sent by Mabuza Attorneys.
Legal Threat and Defamation Claims Over Candidate Lists
According to Mabuza Attorneys, Mbalula has until noon on Tuesday to issue an unconditional retraction of claims that Ngcukayitobi was responsible for the party’s election-list failures. The letter, dated Thursday, stated that failing a retraction, court proceedings would be instituted in the High Court. The lawyers argued that Mbalula’s published report accused Ngcukayitobi of ineptitude or negligence by submitting the Eastern Cape’s final candidate list to the party’s operations centre just 29 minutes before the deadline on August 28, a claim they said Mbalula knew to be false.
Furthermore, the legal notice stated that Mbalula’s statements implied breaches of ANC policy. The letter countered by naming former Nelson Mandela Bay politician Andile Lungisa as an instance where Mbalula personally instructed the alteration of the list by removing his name from the Proportional Representation List.
Did You Know? The ANC missed the Electoral Commission of South Africa’s 5pm deadline on August 28 to register candidates in six municipalities, four of them located in the Eastern Cape, affecting a total of 181 candidates.
Electoral Court Ruling and Internal Party Blame
The legal standoff follows an Electoral Court ruling on Wednesday that dismissed the ANC’s case regarding the missed deadline. According to the Electoral Commission of South Africa, the ANC never pressed the “submit as final” button when loading lists, and audit trails showed no system fault. The ANC had argued that a technical fault on the commission’s online system caused the failure. Following the ruling, ANC spokeswoman Mahlengi Bhengu stated that the party would appeal.
The dispute within party leadership also involves broader administrative grievances. Ngcukayitobi’s lawyers claimed in the letter that Mbalula’s statements were motivated by malice to shift blame for delays spanning a protracted period, citing the convening of a provincial conference in March 2026 and the installation of a Provincial Task Team that sidelined the duly elected Provincial Executive Committee until weeks before the IEC deadlines.
Frequently Asked Questions
What is the deadline for Fikile Mbalula to respond to the legal letter?
Mbalula has until noon on Tuesday to withdraw the claims, or face court proceedings instituted by Lulama Ngcukayitobi’s lawyers.
What did the Electoral Court decide regarding the missed registration deadline?
The Electoral Court dismissed the ANC’s case on Wednesday, finding that the party never pressed the “submit as final” button and that the commission’s audit trail showed no system fault.
Which official was accused of altering candidate lists in the legal letter?
The letter from Mabuza Attorneys stated that Fikile Mbalula personally instructed the removal of Andile Lungisa’s name from the Proportional Representation List of Nelson Mandela Bay.