The EFF has followed up on its previous threat to challenge the fuel levy increase in court by filing papers with the Western Cape High Court.

In the urgent papers, the red party is challenging the announcement by the Minister of Finance, Enock Godongwana, on May 21, that the country’s fuel levy would be increased next week (4 June 2025) to make up for the revenue that would have been raised through the now scrapped VAT increase.

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, argues in its court papers that Godongwana is ramming through the process without a money bill as stipulated in the constitution.

“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 goes with the court papers.

In the papers, the EFF 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.