The ANC’s legal team applied for an interdict in the High Court in Durban to stop the by-election. It was unsuccessful after a judge ruled that the party should have approached the court with the request the week before the vote.
The commission’s provincial electoral officer, Mawethu Mosery, denied claims of electoral malpractice ahead of the by-election, which was held on May 23 and did not accede to the ANC’s request for the by-election to be postponed.
The IFP received 47.19% of the vote and the ANC 37.19%.
On Thursday the ANC said it was pleased that the Electoral Court had set aside the by-election result.
“As the ANC we believe that the re-run of the by-election, as ordered by the court, will enable the people of Ward 4 to exercise their rights and vote for the candidate of their choice in free and fair elections,” said ANC provincial spokesperson Nomagugu Simelane-Zulu.