The EFF has filed legal papers in the Western Cape High Court to challenge Parliament’s budget adoption processes from last week.
The party intervenes in the DA’s application to interdict the VAT hike before May 1 and overturn the “unlawful” budget.
It referred to the approval of the 2025 Fiscal Framework and Revenue Proposals as unlawful and unconstitutional.
In an affidavit, EFF MP and member of the Standing Committee on Finance, Omphile Maotwe, explained that after Finance Minister, Enoch Godongwana, raised VAT by 0.5%. The National Assembly and the National Council of Provinces (NCOP) sent the Fiscal Framework to the Finance Committee, which then held joint public hearings about it.
“Following that process and with three days left before the deadline, the Finance Committee sat to deliberate on the contents of the Annual Budget and the Fiscal Framework and adopted the report of the Standing Committee on Finance on the 2025 Fiscal Framework and Revenue Proposals, dated 01 April 2025 (Impunged Report).
“The adoption of the Impugned Report was facilitated and adopted following gross irregularities and illegalities, which included disregarding proper processes and compliance with section 8(4) of the Money Bills Act, as I will attempt to evidence,” she said.
She also highlighted that the red berets immediately wrote to the Speaker of Parliament, Thoko Didiza, in objection.
Sinawo Thambo said that the process of adopting the budget framework on April 3 was flawed. It violated both parliamentary rules and the Constitution, he said.
He said the party wants the court to declare the National Assembly’s adoption of the fiscal framework invalid.
Thambo said the Standing Committee on Finance failed to follow proper legal procedures.
While a report on the fiscal framework was considered, the committee did not formally adopt it or vote on it, he said.
“The EFF has taken this step because Parliament cannot continue to operate as a rubber stamp for the executive. For too long, the legislative process has been abused by the ruling party. It uses its numerical dominance to pass budgets without proper scrutiny, debate, or compliance with the law.
“The EFF consistently warned that this abuse undermines the Constitution. And it erodes the principle of democratic accountability,” said Thambo.
“We are calling on the courts to treat this matter with the urgency it deserves. The Fiscal Framework is not just a routine budget document — it is the foundation upon which all other financial legislation for the year is built, including the Division of Revenue Bill and the Appropriations Bill.
“If the Fiscal Framework is adopted through an unlawful process, then all related legislation falls into legal uncertainty. This chaos must be avoided.”
He said the courts must act urgently to bring clarity, restore order. It must also affirm that Parliament was not above the Constitution.
