Joburg ANC mayoral process faces scrutiny amid claims of flawed nomination process

The African National Congress's (ANC) mayoral selection process in Johannesburg is under intense scrutiny due to allegations of a flawed nomination procedure and non-compliance with the party's internal guidelines. This development has sparked concerns among party insiders, who suggest the process could face internal challenges or even be restarted, mirroring similar disputes observed in other Gauteng metropolitan regions. The controversy highlights critical questions about the integrity of internal party democracy, the adherence to established rules, and the potential legal and political ramifications for municipal governance and stability in South Africa's largest city.

The African National Congress (ANC) in Johannesburg finds itself embroiled in a significant internal dispute concerning the nomination of its mayoral candidate, with claims emerging that the selection process was fundamentally flawed. Party insiders allege that internal nomination procedures were not consistently followed, raising serious questions about compliance with the ANC's own guidelines and the legitimate authority of regional structures in finalising candidates.

At the heart of the controversy is the reported identification of regional chairperson Loyiso Masuku as the preferred candidate by the Regional Executive Committee (REC), amidst concerns that the final submission may not have accurately reflected a completed REC vote in line with standard procedure. This internal strife is not isolated, as similar disputes have reportedly surfaced in other Gauteng metro regions, with the process in Tshwane even being restarted due to complaints. For legal professionals, this situation underscores the delicate balance between internal party autonomy and the imperative for transparent, rule-bound processes, particularly when those processes determine public office bearers.

This article will delve into the legal and political ramifications of such internal party nomination disputes, examining the interplay between the ANC's internal guidelines, relevant South African legislation governing local government, and the potential for judicial intervention. It will explore the implications for democratic governance, party accountability, and the stability of municipal administration in a crucial economic hub like Johannesburg.

The framework for local government in South Africa is primarily established by the Local Government: Municipal Structures Act 117 of 1998 (the Structures Act), which governs the establishment of municipalities, the election of mayors, and their powers and functions. The Structures Act provides for different types of municipal government, including the executive mayoral system, which is prevalent in many South African metros, including Johannesburg, vesting significant executive authority in the mayor. The Act also sets out provisions for the election of executive mayors and their terms of office, stipulating, for instance, a limit of two consecutive terms.

Within this statutory framework, the ANC operates its own comprehensive "Centralised Mayoral Selection Programme" for local government elections. This programme is designed to identify and appoint mayoral candidates through a multi-faceted process that includes nominations from various ANC structures, leagues, and alliance partners, as well as a public and self-nomination stream aimed at broadening participation. The ultimate responsibility for appointing mayoral candidates for metropolitan municipalities rests with the National Officials of the ANC.

The ANC's internal guidelines for candidate selection are detailed, encompassing longlisting, vetting, verification, structured interviews, and an assessment of leadership, governance, and ethical suitability. Candidates are expected to meet minimum requirements, including a tertiary qualification or equivalent, at least five years' experience in local government or public institutions, and a demonstrable record of ethical conduct. The party's Electoral Committee plays a crucial role in managing nominations, proposing rules, resolving disputes, screening candidates, and even ordering lifestyle audits. These internal processes are intended to ensure organisational democracy, select capable candidates, and foster community confidence, yet the current dispute in Johannesburg highlights the challenges in consistently upholding these principles.

The current dispute in Johannesburg centres on allegations of procedural irregularities and non-compliance with the ANC's internal nomination guidelines. Party insiders have raised concerns regarding the oversight role of the Provincial Task Team (PTT) in the process, specifically questioning whether ballot papers were properly provided and if a legitimate vote for the highest-scoring candidates occurred. Further contention arises from the alleged involvement of Regional Office Bearers (ROBs) in finalising submissions, with some members arguing that this action exceeded their mandate, as the ANC constitution reportedly designates the REC as the final decision-making authority at the regional level.

This internal contestation is not unprecedented within the ANC. The incumbent Johannesburg mayor, Dada Morero, previously accused ANC electoral officials of rigging a regional conference that led to his ousting as regional chairperson, alleging a "predetermined outcome" and conflicts of interest involving a private election management company. While that specific case pertained to an internal party leadership election rather than a mayoral nomination, it illustrates the potential for serious allegations of manipulation and the critical importance of transparent and verifiable internal processes. The fact that the process in Tshwane was reportedly restarted due to similar complaints further underscores the systemic nature of these challenges within the party.

From a legal perspective, courts in South Africa generally exercise caution when intervening in the internal affairs of political parties, upholding the principle of party autonomy. However, judicial intervention may be warranted where there are clear violations of a party's own constitution or rules, or where fundamental constitutional rights, such as the right to make political choices or stand for public office, are infringed. While the *New Nation Movement NPC and Others v President of the Republic of South Africa and Others* and *One Movement South Africa NPC v President of the Republic of South Africa and Others* cases primarily addressed the right of independent candidates to contest national and provincial elections under the Electoral Act 73 of 1998, they affirm the Constitutional Court's role in ensuring fair electoral processes and constitutional compliance. Similarly, *Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others* demonstrates the judiciary's willingness to adjudicate candidate eligibility based on constitutional provisions.

The broader implications of such politicised nomination processes extend beyond internal party dynamics. Research indicates that selections driven by patronage, factionalism, and strategic calculations, rather than merit, often undermine technical competence, weaken accountability, and create conditions conducive to corruption within municipal administrations. This can lead to poor planning, financial mismanagement, and ultimately, a decline in service delivery, eroding public trust. Therefore, the integrity of the nomination process is not merely an internal party matter but has direct consequences for effective local governance and the public interest.

The ongoing scrutiny of the ANC's mayoral nomination process in Johannesburg presents significant implications for legal practitioners advising political parties, their members, or indeed, any aggrieved stakeholders. It highlights the critical need for political parties to adhere strictly to their own internal constitutions, rules, and guidelines, as deviations can lead to legitimate challenges and undermine the credibility of the selection process. The precedent of a restarted process in Tshwane suggests that internal complaints, if substantiated, can compel a re-evaluation, potentially leading to delays and instability in municipal leadership transitions.

Practitioners must be adept at navigating the intersection of internal party law, the Local Government: Municipal Structures Act, and constitutional principles of fairness and due process. The potential for litigation, while generally a last resort in internal party matters, remains a tangible threat if internal dispute resolution mechanisms prove inadequate or are perceived as unfair. Moving forward, all eyes will be on how the ANC's Electoral Committee and National Officials address the allegations in Johannesburg. The outcome will not only determine the city's next mayoral candidate but will also set a crucial precedent for internal party democracy and accountability, impacting municipal governance and stability in an increasingly complex coalition political landscape.