The Economic Freedom Fighters (EFF) have lost the urgent court case it filed with the Western Cape High Court to halt the fuel levy increase due to kick in on June 4, 2025.

The red party took the matter to the court after on 21 May 2025, the Minister for Finance, Enoch Godongwana, announced while tabling his third budget that the levy would be increased to cover the loss of revenue that would have been made from increasing VAT.

In its court papers, the EFF argued that Godongwa flouted the constitution as he was doing so without a money bill.

The party previously wrote to the Speaker, Thoko Didiza, and Godongwana, to raise concerns and asked for the withdrawal of the announcement, but it was ignored, forcing it to approach the court on urgent basis so that the fuel levy hike is not effected.

In the main, the party’s MP, Omphilwe Maotwe, argued in the court papers that Godongwana overlooked parliament.

“Put simply, our constitutional order dictates that only elected representatives may impose tax, and not a single, unelected executive member. It is clear that the minister has not intention of following that legislative process in that to date he has done no more make than an announcement in his budget speech and has not approached our legislature as required,”

Maotwe said in an affidavit that formed the main arguments in the court case.

In the papers, the EFF also outlined to the court the fuel levy increase would have on the working class and the poor in the country. It stressed that it is for that reason it had to urgently dash to court to stop Godongwana’s move, which is clearly unconstitutional.

Despite the legal setback, the red party’s Maotwe told the media in Cape Town that they would still fight the increase in parliament, as the pain would be felt by consumers when companies pass the cost of the increment onto them.