By Akani Nkuna
The Economic Freedom Fighters has lodged an urgent application with the Western Cape High Court to stop Finance Minister Enoch Godongwana from implementing the fuel levy increases of 16 cents per litre on petrol and 15 cents per litre on diesel.
These hikes, announced in the 2025 Budget Speech, are scheduled to take effect on 4 June.
The party argues that the increase, announced through a government notice rather than through a money bill, violates the Constitution and the Money Bills Act.
The EFF notes that since the levy is a national tax, any change needs to be announced through a money bill and revenue proposals, rather than a Government Gazette, as if it is a regulatory change. Announcing the increase through a money bill would subject it to parliamentary scrutiny, including public hearings as well as parliamentary vote.
“We took this action after repeated efforts to caution the minister and appeal to his conscience failed. We wrote to the minister, urging him to consider the impact of this increase on the poor and working-class people of South Africa, especially during a time when the cost-of-living crisis is deepening,” said EFF spokesperson Sinawo Thambo said in a statement on Thursday.
According to Thambo, Godongwana was pressing ahead with the fuel levy hike despite clear warnings and the recent rejection of VAT increase by both Parliament and the public.
Thambo further contends that the same constitutional, economic and procedural flaws that led to the VAT hike defeat also apply to the fuel levy.
He criticised political parties and stakeholders in the 2025 Fiscal Framework hearings for failing to recognise these issues in the proposed increase.
“This matter is urgent not just because of its legal implications, but because the fuel levy directly affects the price of transport, food and other essentials. Any increase will hit the poorest the hardest,” he added.
Thambo warned that implementing the fuel levy increase without passing a money bill could jeopardise the legality of the entire national budget.
He cautioned that if the courts later found the process unlawful, it could happen after significant public funds have already been spent, risking a constitutional crisis.
Such a scenario, he said, would undermine Parliament’s authority, weaken financial accountability and have severe repercussions for service delivery and public trust in government institutions.
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