Cape Town, Western Cape – The Western Cape High Court has dismissed the Economic Freedom Fighters’ (EFF) urgent application to block the government’s fuel levy increase, dealing a blow to the party’s attempt to prevent the hike from taking effect at midnight.
Finance Minister Enoch Godongwana announced the levy increase earlier this year after a separate VAT hike was overturned in court, forcing the National Treasury to seek alternative revenue measures. The EFF sought an urgent interim interdict, arguing that the minister lacked the constitutional authority to impose the hike without parliamentary approval.
Court Rules Against EFF, Orders Costs
In a ruling delivered on Tuesday, the court dismissed the EFF’s application with costs, meaning the party must cover the legal fees of the respondents, including the costs of two counsels.
The case was split into two parts:
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Part A sought an urgent interdict to halt the levy increase before its implementation.
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Part B, still to be heard, will challenge the constitutionality of the law that allows the finance minister to raise fuel levies without Parliament’s direct approval.
The EFF argues that tax changes must be processed through a money bill, not ministerial regulation. However, the court found that the party’s application failed to present a strong enough case for an urgent halt to the levy.
Treasury Defends Minister’s Powers
The National Treasury maintained that the minister acted within his legal authority, citing existing legislation that permits such adjustments. Legal representatives for the state argued that the EFF’s case did not clearly outline a constitutional challenge in its initial filings.
“The wording of the Constitution is against them,” a Treasury representative said, rejecting the EFF’s claim that the levy bypasses proper legislative processes.
EFF Vows to Continue Legal Fight
Despite the setback, the EFF has vowed to pursue Part B of its case, which will directly contest the constitutionality of the minister’s powers. The party has criticized Godongwana for failing to clarify the legal basis for his decision.
“We reject this fuel levy outright,” an EFF spokesperson said. “The minister is imposing a tax without proper parliamentary oversight, and we will challenge this all the way.”
With the interim interdict dismissed, the fuel levy hike will proceed as planned. However, the broader legal battle over the minister’s taxing powers remains unresolved, leaving room for further political and legal clashes.
