The Economic Freedom Fighters accuses the country’s coalition government leader, the ANC, of sidestepping proper legislative processes
The Economic Freedom Fighters (EFF) has filed court papers in the Western Cape High Court to challenge the adoption of the 2025 Fiscal Framework and Revenue Proposals by the National Assembly last Thursday, deeming it unlawful and unconstitutional.
The Democratic Alliance has also filed papers in the Western Cape High Court to challenge the legality of the 2025/26 National Budget process. The party is seeking an interdict to prevent the South African Revenue Service (SARS) from implementing the VAT hike on March 1, arguing it will unfairly burden South Africans with higher living costs.
IOL previously reported that the fiscal framework, passed on Wednesday with 194 votes in favour from the African National Congress (ANC), Inkatha Freedom Party (IFP), the Patriotic Alliance, and ActionSA, among others, while the DA, EFF, and the uMkhonto weSizwe Party (MK Party) voted against it, with 182 votes.
This legal challenge follows the ANC’s alleged failure to adhere to proper procedures during the adoption of the fiscal documents, which the EFF argues undermines the democratic integrity of Parliament.
EFF spokesperson Sinawo Tambo emphasised that the party is taking this legal action to ensure that the processes which determine the use of public resources are not bypassed.
According to Tambo, the EFF’s intervention is necessary to protect constitutional order and ensure the lawful operation of Parliament.
”We will not sit back while the constitutional order is violated,” Tambo stated.
The EFF contends that the adoption of the 2025 Fiscal Framework was unconstitutional as the Standing Committee on Finance did not adopt its report in accordance with the law.
Specifically, the committee failed to make the necessary recommendations required by section 8(5) of the Money Bills Amendment Procedure and Related Matters Act, said Tambo.
Moreover, no formal vote or deliberations took place before the report was tabled in the National Assembly. Instead, the framework statement was inserted after the adoption of the report, making the entire process illegal.
Tambo further criticised the National Assembly’s approach, claiming that Parliament has become a mere rubber stamp for the executive.
“For too long, the legislative process has been abused by the ruling party that uses its numerical dominance to pass budgets without proper scrutiny, debate, or compliance with the law,” Tambo said.
The EFF’s court application aims to have the 2025 Fiscal Framework declared invalid.
The party warns that if the framework is allowed to stand, it would cast legal uncertainty on all related financial legislation, including the Division of Revenue Bill and the Appropriations Bill, both of which rely on the framework for validity.
“This chaos must be avoided.”
The party said the the courts must act urgently to bring clarity, restore order, and affirm that Parliament is not above the Constitution.
“We remain committed to using every legal and political mechanism available to defend the integrity of our democratic institutions and to ensure that public money is managed lawfully, transparently, and in the best interests of the people of South Africa,” said Tambo.
