The ANC will appeal Tuesday's Electoral Court decision which excludes the party from taking part in several Western Cape by-elections.

"The ANC is concerned that voters in the Cape Metro are being denied their right to vote for a candidate of their choice based on a technical problem within the IEC," said party spokesperson Jessie Duarte.

"The ANC has decided to appeal the decision of the Electoral Court."

The Electoral Court in Bloemfontein dismissed an application by the ANC in the Western Cape to contest Wednesday's by-elections in the City of Cape Town and the Cederberg Municipality.

The party took the Independent Electoral Commission to court after 12 of its candidates were excluded from standing in the by-elections. The ANC missed the deadline to register its candidates and to pay their deposits to the Electoral Commission.

"The ANC candidates were on time at the IEC provincial office and had taken cash with them as well as a cheque to register 12 candidates," said Duarte in a statement after the court ruling.

The Electoral Court held that on the ANC's own version, section 17 of the Municipal Electoral Act and the timetable set by the Electoral Commission, were not complied with.

Electoral Court chairperson and Supreme Court of Appeal Judge Kenneth Mthiyane said elections were characterised by deadlines and stipulated time frames within which certain things must be done.

"Anything short of that would not only lower the standard of the excellence the Electoral Commission has set for itself to deliver free and fair elections, but would open the door to a shambolic free-for-all," the judgment read.

Duarte said the ANC would vigorously contest all other by-elections in the Western Cape.

A total of 27 by-elections had been set for Wednesday in the Western Cape. There would be eight in the Cape Town metro, six in the West Coast municipality, 10 in Winelands and three in Overberg.

Sapa