Latest news with #WesternCapeHighCourt
IOL News
5 hours ago
- General
- IOL News
John Hlophe challenges court ruling on JSC participation
MK Party Deputy President Dr John Hlophe says he will appeal against the Western Cape High Court ruling that barred him from serving in the Judicial Service Commission. Image: Independent Media Impeached Western Cape judge president and uMkhonto weSizwe (MK) Party caucus leader in Parliament, Dr John Hlophe, has vowed to appeal the Western Cape High Court ruling, which barred him from representing his party in the Judicial Service Commission (JSC). Reacting to the decision during the party's media briefing on Tuesday, Hlophe in isiZulu, said 'Ngeke sidlale amajaji la sizodlulisa isinqumo (We are going to appeal the decision).' On Monday, the court set aside a decision by the National Assembly (NA) made in July last year to endorse the recommendation of the MK Party to have him serve as one of its six parliamentarians. The party had nominated Hlophe to serve on the JSC, which empowers him to participate in the appointment of judges. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The JSC was due to conduct interviews for the vacant positions of judges, however, the DA, Freedom Under Law, and Corruption Watch filed an urgent interdict to prevent Hlophe from sitting in the interviews. The court granted an interdict. The matter was heard in February by a full bench of judges from outside the division, after the court previously granted an interdict in favour of the DA, Freedom Under Law, and Corruption Watch, preventing Hlophe from participating in the work of the commission pending this matter. The court said the NA had fundamentally misunderstood the nature of its powers to designate members to serve on the body that interviews candidates to become judges. It added that this seriously threatens the independence of the judiciary and his presence on the JSC would prejudice the commission's ability to do its work. 'Through the impeachment of Dr Hlophe, the National Assembly has effectively already determined that his continued involvement in judicial affairs would diminish public trust,' said the court. It said that by Hlophe trying to appeal this judgment in the first part of this case, he has shown disregard for the authority and integrity of the courts. For this reason, it made an order that a judge removed for gross misconduct may never serve on the JSC. In 2021, the Judicial Conduct Tribunal (JCT) found that Hlophe's conduct breached the provisions of Section 165 of the Constitution and his conduct threatened and interfered with the independence, impartiality of the Constitutional Court. Acting on the recommendations of the JCT, the JSC found Hlophe guilty of attempting to influence two justices of the Constitutional Court to violate their oaths of office to rule in favour of former Jacob Zuma in his arms deal case in 2008. The matter was then referred to the Portfolio Committee on Justice and Correctional Services, which then recommended to the National Assembly to impeach Hlophe. This was eventually approved by Parliament through a vote last year. This meant that Hlophe was stripped of his lifetime title as a judge as well as other perks including lifetime salary. Cape Argus
Eyewitness News
9 hours ago
- Business
- Eyewitness News
WC High Court dimisses EFF's application to suspend fuel levy increase
CAPE TOWN - The fuel levy increase will come into effect at midnight after the Western Cape High Court dismissed the Economic Freedom Fighters (EFF)'s application to suspend it. The EFF had approached the court to suspend the increase before it comes into effect on Wednesday, and also review the minister's decision in his budget speech last month. But Minister Enoch Godongwana defended the decision, arguing in court that it was not another tax but rather a regulatory charge that the minister is empowered to implement. The EFF argued in court that Godongwana encroached Parliament's powers when he announced the levy increase. ALSO READ: EFF argues Godongwana has no powers to increase fuel levy The party says the minister also failed to introduce a money bill as required when imposing a tax, and this needs to be processed by Parliament. It says the minister instead relied on Section 48 of the Customs and Excise Act, which deals with duties on goods and customs, not general taxation. Godongwana's legal counsel, Adv Kameel Premhid, told a full bench that the increase is not a tax but a regulation. "Regulatory charges bring in money, so they might raise revenue. But that doesn't make it a tax, and just because a tax also raises revenue, the two are not the same thing." Godongwana's court victory means that from Wednesday, motorists will pay an extra 16 cents per litre for petrol and 15 cents more per litre for diesel.
IOL News
10 hours ago
- Business
- IOL News
Western Cape High court dismisses EFF's challenge to fuel levy increase
EFF National chairperson Noluthando Molutshungu and Convernor of deployees to the Western Cape Rebecca Mohlala at the Western Cape High court on Tuesday to challenge the fuel levy increase. Image: Ian Landsberg The Western Cape High Court has dismissed the EFF's urgent application to interdict the 4% fuel levy increase, set to take effect on Wednesday, June 4. The EFF had filed a Notice of Motion, challenging the Minister of Finance, Enoch Godongwana's decision to increase the general fuel levy. They sought to have the application heard as an urgent matter, dispensing with the usual requirements for forms and service on Tuesday. The party through Advocate Mfesane Ka-Siboto had argued that the increase would unfairly burden the working class and poor, worsening inequality and violating constitutional rights. He said the minister's decision lacked both rationality and parliamentary oversight. Ka-Siboto further told the court, in accordance with the Money Bills Amendment Procedure and Related Matters Act, only a law could serve as the proper instrument for the minister to impose a tax. The EFF claimed that Godongwana overstepped his powers by announcing the fuel levy increase in his budget speech, without parliamentary approval. "What is clear is that the minister is imposing tax," Ka-Siboto said, citing the Money Bills Amendment Procedure and Related Matters Act as the legal framework Godongwana should have followed. The EFF also argued that the fuel levy increase is both economically unjust and unconstitutional, deepening inequality and undermining access to essential goods and services. "It deepens inequality and undermines access to essential goods and services. We are committed to fighting the fuel levy increase in court and in parliament," the party said. However, Treasury senior counsel Advocate Adv Kameel Premhid argued that the fuel levy increase is not a tax but rather a regulation change. Premhid maintained that the minister has always had the power to adjust fuel levies as part of the budgetary process. Premhid told the court that the increase is not a tax but a regulation. "Regulatory charges bring in money, so they might raise revenue. But that doesn't make it a tax, and just because a tax also raises revenue, the two are not the same thing." The Western Cape High Court's dismissal of the EFF's bid means the fuel levy increase will go ahead as planned. The increase will see diesel prices rise by 15 cents per litre and gasoline by 16 cents per litre. The EFF may still pursue its challenge to the fuel levy increase in Part B of its application, which seeks to review and set aside Godongwana's decision. EFF National chairperson Noluthando Nolutshungu said the fuel levy increase is expected to have significant economic consequences, particularly for low-income households and businesses already struggling with high living costs. She warned that the increase would place an "unjust burden" on the working class and the poor, who are already reeling from rising living costs, stagnant wages, and ongoing economic hardship. The party has vowed to continue challenging the decision in court and in parliament.
The South African
11 hours ago
- Business
- The South African
JUST IN: EFF loses court bid to interdict fuel levy increase
The Western Cape High Court has dismissed the Economic Freedom Fighters (EFF) application to interdict the 4% fuel levy increase. The 4% hike was announced by the Minister of Finance, Enoch Godongwana, when he tabled the revised 2025 Budget Speech for the third time in May and will be effective from Wednesday, 4 June. In challenging the proposed hike, the EFF argued that the fuel levy increase places an unjust burden on the working class and the poor, who are already reeling from rising costs of living, stagnant wages, and ongoing economic hardship. The party maintained that the levy is both economically unjust and unconstitutional, as it deepens inequality and undermines access to essential goods and services. Moreover, the EFF had argued that the standing committee on finance sits on Wednesday 4 June and it is only then that such an increase can be approved. Not before, as the 2025 fuel levy increases have been slated to go into effect the same day. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
12 hours ago
- Business
- The Citizen
BREAKING: Fuel levy hike to go ahead as EFF fails in court
The levy increase is scheduled to be implemented on Wednesday. Petrol pumps are pictured at a filling station in Melville on 20 January 2021. Picture: Tracy Lee Stark The EFF has lost its urgent bid to halt the upcoming increase in the general fuel levy. The Western Cape High Court in Cape Town ruled against the party on Tuesday, a day before the new levy was set to take effect. The EFF had sought an urgent interdict in Part A of its court application to suspend the planned hike of 16 cents per litre for petrol and 15 cents for diesel. In Part B of the application, the EFF called for a review and Finance Minister Enoch Godongwana's decision to be set aside. The party also asked the court to order the minister to pay legal costs. ALSO READ: 'We have a National Treasury problem': Fuel levy hike defended amid criticism over tax strategy Advocate Mfesane Ka-Siboto, representing the EFF in court, argued that the minister's decision lacked both rationality and parliamentary oversight. Ka-Siboto told the court, in accordance with the Money Bills Amendment Procedure and Related Matters Act, only a law could serve as the proper instrument for the minister to impose a tax. 'What is clear is that the minister is imposing tax,' the lawyer said He cited the Money Bills Amendment Procedure and Related Matters Act as the legal framework the minister should have followed. Ka-Siboto also warned that the levy hike, once enacted, would be irreversible. This is a developing story
