ANC argues IEC dispute is about ‘Law vs. System Design’
The African National Congress’ (ANC) Legal Representative, Adv Daniel Berger has argued that the dispute between the party and the Electoral Commission (IEC) is about law versus system design.
This as the Constitutional Court is considering the ANC’s bid to overturn a decision that disqualified its candidate lists in six municipalities ahead of the November 2026 Local Government Elections.
Berger has argued that the ANC complied with electoral laws by uploading all required documents and paying the necessary deposits before the deadline.
He says the IEC’s “Submit as Final” button is a software feature not a legal requirement contained in legislation or regulations.
Berger says, “The respondents speak constantly of rigid adherence. This court has said that what must be adhered to are acts and regulations, that’s ACT Para 82, read with their purpose. IFP at Para 52, but not software. A screen design that was not promulgated by regulation is not law.”
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