Your ward could vote again within 90 days. How by-elections work
The IEC has confirmed a by-election in KZN's Johannes Pumani Phungula after one MK candidate won two wards. Ward vacancies must be filled within 90 days. Who can vote and how PR seats are filled.

Some wards will vote again within three months of the 2026 local government elections. The IEC has confirmed a by-election in the Johannes Pumani Phungula Local Municipality in KwaZulu-Natal, because one MK Party candidate, Andreas Gumede, won two wards and can only serve one (EWN).
More wards could follow. The IEC's KwaZulu-Natal office says a ward won by a candidate who has since died also goes to a by-election, and the law requires the vacancy to be filled within 90 days (IOL).
Why is there a by-election in Johannes Pumani Phungula?
Gumede won Ward 12 with 44.2% and Ward 13 with 44.92% (Briefly News). IEC rules let a candidate stand in more than one ward but don't allow one person to be the councillor for two. He must choose a ward, and the one he gives up will hold a by-election (EWN).
MK Party KZN spokesperson Mkhuseli Mlengane said the party had picked up a duplication before voting day and was told it couldn't be fixed because of the timelines. He said he wasn't sure whether the error happened on the party's side or the IEC's (EWN). The IEC had not publicly responded to that account, and no by-election date had been set by 10 November (Briefly News).
When does a ward get a by-election?
The IEC lists these triggers (IEC by-election factsheet/)):
| Situation | What happens |
|---|---|
| A ward councillor dies | Ward by-election |
| A ward councillor resigns from the party or council, or is expelled | Ward by-election |
| A court sets aside the election of a council or ward | By-election |
| A council is dissolved | Election for the whole council |
| The IEC doesn't declare a council or ward result in time | By-election |
A by-election is not the same as a revote. Where voting itself was disrupted, as at the Douglas voting station in Siyancuma, the IEC orders a fresh vote for that station.
How long until the by-election?
It must be held within 90 days of the vacancy. The provincial MEC for local government sets the date in the provincial Government Gazette after consulting the IEC (IEC by-election factsheet/)).
For vacancies after this election, municipal managers first have to formally declare them to the IEC once results are published. The IEC then draws up a timetable and opens the voters' roll so people in the ward can register (IOL).
What if a PR councillor's seat is empty?
There's no by-election for proportional representation (PR) seats. The IEC asks the party whether it wants the next person on its list, a reshuffled list or a new candidate, and the party has 21 days to decide. Parties can't change their published lists until after the first council meeting (IOL).
Can I vote in a by-election?
Only if you're registered in that ward (IEC by-election factsheet/)). The IEC says by-elections usually happen on a Wednesday, with stations open from 7am to 9pm. You vote in person with a green barcoded ID, smart ID card or valid temporary ID certificate. To find your voting station, SMS your ID number to 32810 (R1) or go to elections.org.za (IEC by-election factsheet/)).
Does a by-election change who runs the council?
It can matter where seats are tight. SaharaWire reports that once Gumede gives up a ward, the MK Party will have 13 seats in Johannes Pumani Phungula, short of a majority on its own (SaharaWire). Councils still have to hold their first meeting and elect a mayor within 14 days of the results (SaharaWire).
FAQ
Why is there a by-election in Johannes Pumani Phungula?
MK Party candidate Andreas Gumede won both Ward 12 and Ward 13. One person can't be councillor for two wards, so he must choose one and the other goes to a by-election.
How soon must a by-election be held?
Within 90 days of the ward vacancy. The provincial MEC for local government sets the date in the provincial Government Gazette after consulting the IEC.
Is there a by-election when a PR councillor leaves?
No. The party fills a proportional representation seat from its list and has 21 days to decide who takes it.
Who can vote in a ward by-election?
Only voters registered in that ward. The IEC reopens the voters' roll in the ward before the by-election so residents can register.
What do I need to vote in a by-election?
Your green barcoded ID, smart ID card or a valid temporary identity certificate. By-elections usually run on a Wednesday from 7am to 9pm.
Sources
- EWN: By-election looming in KZN after MK Party candidate wins two wards
- Briefly News: IEC confirms by-election in KZN after MK councillor wins two wards
- IOL: IEC captures all 14,245 results slips in KZN (Masinga on vacancies and by-elections)
- IEC: Factsheet on ward by-elections
- SaharaWire: By-elections to be held in KwaZulu-Natal