The Western Cape High Court denied the EFF’s urgent application to halt Finance Minister Enoch Godongwana’s May 21 announcement of an increase in the fuel levy.
Judges Nambitha Mayosi, Gcinikhaya Nuku, and Nathan Erasmus made this decision on Monday.
The court ordered the party to pay Godongwana’s legal costs after ruling that the EFF’s application lacked merit.
The EFF attempted to stop a 15% increase for diesel and a 16% hike for petrol that were scheduled to go into effect on June 4.
According to the party, Godongwana’s decision was made outside of his legal authority and necessitated a parliamentary process in accordance with section 75 of the constitution.
Papers were served just a few days prior to the June 3, 2025 hearing, demonstrating the urgency with which the application was filed.
While delivering the ruling, Mayosi chastised the EFF’s approach, stating: “The urgency was self-created and unwarranted.
“The EFF knew of the minister’s announcement on May 21 but delayed action until May 26, imposing unreasonable timelines on respondents and the court.”
Serious flaws identified
She noted that the EFF’s conduct caused significant inconvenience, forcing the court to reassign judges and disrupt other cases.
The court found three serious problems with the EFF’s argument.
“First, the application lacked review grounds for the interim interdict; the EFF failed to establish a prima facie right under the Setlogelo test for interdictory relief, and the court rejects the EFF’s claim that the fuel levy increase required a money bill under Section 77 of the constitution, affirming the minister’s authority under Section 48 of the Customs and Excise Act.
“The EFF’s failure to articulate review grounds in its founding affidavit is fatal,” Mayosi said.
According to the court, Godongwana’s power to adjust the fuel levy is provided for in the Customs and Excise Act. “And the EFF has not challenged this framework.”
The EFF’s history of similar urgent applications was also noted. “This pattern of litigation risks prejudice to other litigants and strains judicial resources,” Mayosi said.
The application was dismissed with costs.
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