Bopha Foundation to Sue IEC on Friday, Demands Deregistration of ActionSA
- The Bopha Foundation announced it will initiate legal proceedings against the IEC on 30 October 2026, days before the local government elections
- The non-profit organisation claims ActionSA has bypassed its own internal democratic procedures in filling provincial leadership positions
- ActionSA had not publicly responded to the allegations by Wednesday morning, and the IEC had also not commented
PAY ATTENTION: Mark Briefly News as a preferred source, and our content will appear higher in your Google feed!
Source: Getty Images
GAUTENG — A non-profit organisation, the Bopha Foundation, has announced plans to launch legal proceedings against the Electoral Commission of South Africa (IEC) this Friday, 30 October 2026, seeking the deregistration of ActionSA. The move comes just five days before the 4 November Local Government Elections.
eNCA investigative journalist Pule Letshwiti-Jones reported on X on Wednesday, 28 October, that the foundation intends to challenge ActionSA's continued registration on the grounds that the party is not complying with its own governing constitution and has bypassed internal democratic procedures.
What the foundation alleges
Read also
Cyril Ramaphosa receives report on Iran’s naval exercise role, SA debates what happens next
A letter setting out the complaint, shared by Letshwiti-Jones, argues that the IEC is not simply a registrar of political parties. It cites section 4 of the Electoral Commission Act of 1996, which mandates the commission to strengthen constitutional democracy and promote democratic electoral processes.
PAY ATTENTION: You can now search for all your favourite news and topics on Briefly News.
At the heart of the complaint is the claim that ActionSA's provincial chairperson positions are filled through presidential appointment rather than elections conducted by provincial membership structures. The letter references publicly reported disputes involving former Midvaal mayor Bongani Baloyi and former Gauteng provincial chairperson Nthombi Marhule.
The foundation also draws on the 2012 Constitutional Court judgment in the Ramakatsa case, in which the court ruled that political parties must honour their members' political rights through their internal rules. It was not yet clear at the time of publication which court the foundation intends to approach or precisely what relief it will seek.
ActionSA's stance on appointments
The question of how ActionSA selects its provincial leadership has arisen before. In March 2023, Bongani Baloyi resigned as the party's Gauteng chairperson after ActionSA president Herman Mashaba moved to replace him. Baloyi said at the time that power within ActionSA resided at the top and did not flow to lower structures.
ActionSA responded then by stating that its interim constitution granted the party president the authority to appoint provincial chairpersons until an elective conference was convened. Mashaba subsequently appointed Funzi Ngobeni to the Gauteng position after consulting the party's Senate and provincial structures.
In January 2025, Mashaba indicated that ActionSA would not hold an elective conference until at least 60% of its branches were established.
Separate Electoral court case
ActionSA is already a respondent in another pre-election court matter. The DA has challenged ActionSA, the EFF, the MK Party and GOOD over the submission of proportional representation lists containing only a single name. The IEC described the DA's case as having no merit in law. Judgment was reserved following a hearing on 13 October 2026.
eNCA said it had reached out to ActionSA for comment. Neither ActionSA, Mashaba, nor national chairperson Michael Beaumont had responded publicly as of Wednesday morning. The IEC had similarly not commented. Briefly News will update this story as responses become available.
View the court documents on Jones' X account:
Electoral Court dismisses MK Party's IEC case
In a related article, Briefly News reported on the Electoral Court’s dismissal of the uMkhonto weSizwe Party’s challenge to the IEC over the 2024 election results.
The case continued after the party tried to withdraw it, with the IEC arguing that the allegations required a full ruling. The court ultimately found against the party on the merits and ordered each side to cover its own legal costs.
PAY ATTENTION: Follow Briefly News on Twitter and never miss the hottest topics! Find us at @brieflyza!
Source: Briefly News
