The Economic Freedom Fighters (EFF) have returned to the Western Cape High Court to continue its fight against the increase in the fuel levy.
The party said the increase, announced by the Finance Minister during his budget speech, is unconstitutional and should have gone through parliament.
The party has also argued that Finance Minister Enoch Godongwana imposed the levy increase because of his failure to raise the VAT rate early last year.
The Western Cape High Court last year dismissed the EFF’s urgent interdict against Godongwana’s authority to adjust the fuel levy.
The court had ruled that increasing the fuel levy is not a Money Bill and affirmed the minister’s legal right to adjust it without parliamentary processes.
But the EFF has returned for the second part of their legal challenge.
The party’s counsel, advocate Mfesana Ka Siboto, argued before the court that the Customs and Excise Act is wrong in allowing the finance minister the authority to amend or increase the levy unilaterally.
The levy increased by nine cents a litre for petrol and eight cents a litre for diesel.
“You can’t raise revenue outside of parliamentary processes.”
The minister is expected to argue that he was well within his rights to raise the levy according to legislation and doesn’t require a Money Bill like other taxes.
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Babalo Ndenze
www.ewn.co.za