By Simon Nare
The Economic Freedom Fighters has filed court papers to join the Democratic Alliance in its application to challenge the 2025 Budget Fiscal Framework, declaring it unlawful and unconstitutional.
The party filed the papers at the Western Cape High Court on Tuesday to join the DA in the main application as well as the challenge to interdict the 0.5% value-added tax hike that comes into effect on 1 May.
The red berets said it was joining the court challenge because due processes were not followed when the finance standing committee accepted the proposals without amending or making recommendations. This had rendered the accepted report invalid and unlawful.
“The EFF is asking the court to declare the National Assembly’s adoption of the 2025 Fiscal Framework and Revenue Proposals invalid and unconstitutional.
“While the Standing Committee on Finance did consider a report on the Fiscal Framework, the committee failed to adopt this report in a manner consistent with the law and the rules of Parliament,” it said.
It argued that the committee did not make the recommendations required by Section 8(5) of the Money Bills Amendment Procedure and Related Matters Act, and no deliberations or formal vote on the report took place before it was tabled in the National Assembly.
Instead, it went further to argue, that the framework of the statement was inserted post the adoption of the report. Therefore, what was passed in the National Assembly not a lawful report, but a document pushed through in violation of the Constitution and the Money Bills Act.
The EFF said it was joining the court action because Parliament could not continue to operate as a rubber stamp for the executive.
“For too long, the legislative process has been abused by the ruling party that uses its numerical dominance to pass budgets without proper scrutiny, debate or compliance with the law.
“The events surrounding the adoption of the 2025 Fiscal Framework confirm what we have always said: those entrusted with the public purse do not understand the laws they are supposed to uphold, and in their ignorance, they have trampled over legal processes with impunity,” it said.
The party appealed to the court to treat the matter with the urgency it deserved and pointed out that the Fiscal Framework was not just a routine budget document but the foundation upon which all other financial legislation for the year was built, including the Division of Revenue Bill and the Appropriations Bill.
It said if the Fiscal Framework was adopted through an unlawful process, then all related legislation fell into legal uncertainty and that should be avoided.
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