EFF argues in court Godongwana went beyond his powers when increasing fuel levy
The EFF argued that Godongwana "pre-empted and bypassed" the National Assembly when he made the announcement in his budget speech in May.
The party wants the high court to suspend the fuel levy increase of 16 cents and 15 cents per litre for petrol and diesel, respectively, and to set aside the minister's decision.
The EFF's senior counsel, Advocate Mfesane Ka-Siboto, told the court that their case was not a constitutional challenge, but rather they were seeking interim relief from the increase which comes into effect at midnight.
He said only the National Assembly plenary had the power to impose a tax, saying the levy increase should be treated as such.
Ka-Siboto said that a money bill was the only instrument that the minister could use to impose tax as required by the Money Bills Act.
"What a minister cannot do is increase VAT or levy for purposes of revenue collection," said Ka-Siboto.
In part of its application, the EFF wants an interim order suspending the increase before the new levy kicks in on Wednesday.
It also wants the court to set aside the minister's decision.
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