The EFF argued in court papers that the 2025 fiscal report was approved without following the essential legal requirements set out in the Money Bills Amendment Procedure and Related Matters Act of 2009.
Image: Doctor Ngcobo Independent Newspapers
The EFF has denied claims that they were in talks with the ANC as the party on Wednesday filed court papers to challenge the adoption of the 2025 fiscal framework and revenue proposals, especially the VAT hike.
The party filed its papers in the Western Cape High Court seeking to have the framework declared invalid and unconstitutional following the passing of the budget last week.
The court papers were filed hours after the ANC announced that they were still in talks with their coalition partner the DA amid speculation over the future of the Government of National Unity (GNU).
This follows the DA’s lodging of its own court papers last week after the party voted against the budget in the National Assembly.
The EFF's court application argues that the National Assembly's adoption of the 2025 fiscal framework and revenue proposals was unlawful and unconstitutional.
The party claims that the Standing Committee on Finance failed to follow the Money Bills Amendment Procedure and Related Matters Act, which requires a clear statement accepting or amending the fiscal framework before a report can be adopted.
The filing of the papers comes as sources within the party claim the red berets had been in talks with the ANC and were awaiting the outcome of the ANC’s decision on whether to keep the DA in the GNU.
However, EFF spokesperson Sinawo Thambo said the party had filed the court papers after assessing its options.
"We are not in talks with the ANC about the GNU and have not been at any stage," Thambo said.
He said that the party’s focus has been on producing a pro-poor and jobs-oriented budget in all its interactions with all political parties.
“We filed our papers after assessing whether it would be appropriate to pursue the case on our own or intervene on the case that is already before the Western Cape High Court (the DA case), and assessing prospects of success.
“Anything other than that is gossip in an attempt to distract from the VAT hikes which will harm the poor on 1 May 2025 and is a deflection from the cowardice of the ANC in the face of a GNU that is falling apart,” Thambo said.
During the passing of the Budget last week, the EFF voted with the DA and the Freedom Front Plus against the ANC.
A day after the Budget passed, the party wrote a letter to National Assembly Speaker Thoko Didiza.
"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,” the EFF stated in the letter.
ANC spokesperson Mahlengi Bhengu-Motsiri did not respond to requests for comment.
Political analyst John Molepo said the ANC would have to offer the EFF significant incentives to secure its support, should the party decide to sever its coalition with the DA.
“The likelihood is that the ANC has reached out to the EFF to secure their support,” he said.
He said that the outcome of the EFF and DA cases will have significant implications for the country's fiscal policy and the role of Parliament in ensuring that the government is held accountable.
Cape Times
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