Ndabene Elias Ntlebi v Electoral Commission of South Africa, Free State Provincial Office and Others

The applicant, Mr Ndabene Elias Ntlebi, was an ANC-deployed ward councillor at Nala Local Municipality. His ANC membership expired in February 2025. Following an ANC Provincial Disciplinary Committee hearing on 9 June 2025, it was ruled that the ANC lacked jurisdiction to discipline him because he was no longer a member. On 17 June 2025 the ANC formally informed him and the municipal manager that he had ceased to be an ANC member and could no longer represent the party, and requested that a vacancy be declared. Acting on this, the municipal manager (via COGTA, as the municipality was under administration) requested the IEC Free State to declare a vacancy and schedule a by‑election for Ward 7. The IEC published a draft timetable. Instead of challenging the ANC’s decision internally or timeously reviewing the IEC’s decision, Mr Ntlebi launched an urgent application on 7 July 2025 seeking to interdict the by‑election and to review the IEC’s acceptance of the vacancy and scheduling of the by‑election.

The application was struck from the roll for lack of urgency and non‑compliance with the Electoral Court Rules. No order as to costs was made.

The case underscores the strict procedural discipline required in electoral litigation, particularly compliance with short time limits under the Electoral Commission Act and Electoral Court Rules. It affirms that urgency is not automatic and that applicants must act promptly and show good cause for any delay. It also highlights that disputes rooted in internal political party membership decisions should be addressed within party structures before seeking electoral relief.