The Economic Freedom Fighters (EFF) have challenged Finance Minister Enoch Godongwana's authority to set and amend the fuel levy in the Western Cape High Court [1, 2].

The case centers on whether a single government official should possess the power to alter fuel costs without legislative oversight. Because the fuel levy impacts transportation costs and inflation across South Africa, the outcome could shift how the state manages critical tax revenue and public spending.

The EFF said that the Finance Minister possesses too much unilateral power over the levy [1, 2]. According to the party, any decision to set or amend these rates should be made by Parliament following a process of proper consultation [1, 2].

Legal counsel Advocate Mfesane Ka-Siboto represents Minister Godongwana in the proceedings [1, 2]. The legal challenge focuses on the balance of power between the executive branch and the legislative body regarding fiscal policy.

The EFF said that the current structure lacks necessary parliamentary oversight [1, 2]. By moving the decision-making process to Parliament, the party seeks to ensure that changes to the fuel levy are subject to public debate, and legislative approval, rather than the discretion of the minister [1, 2].

The matter was heard in Cape Town, where the court is examining the legality of the minister's existing powers [2]. The proceedings aim to determine if the current administrative framework violates the principle of parliamentary sovereignty over taxation.

“The EFF is challenging the Finance Minister’s authority to set and amend the fuel levy.”

This legal challenge represents a broader push by the EFF to diminish executive discretion in South African fiscal policy. If the court rules in favor of the EFF, it would strip the Finance Minister of the ability to react quickly to economic shifts via the fuel levy, instead requiring a slower, more transparent legislative process in Parliament. This could lead to more political volatility regarding fuel pricing but would increase democratic oversight of a significant revenue stream.