Constitutional Court

The Constitution of the Republic of South Africa, 1996, including judgments by the Constitutional Court on constitutional matters, constitutes the supreme law of the Republic and would be binding on all other Courts, including the Supreme Court of Appeal. Judgments by this Court are final.

2024
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
21 June 2024 New!	Coronation Investment Management SA (Pty) Limited v CSARS (CCT 47/23)	Income Tax Act, 1962	Income Tax Act 58 of 1962 — section 9D exemption — foreign controlled company — foreign business establishment — meaning of “business” and “primary operations”
12 April 2024	Capitec Bank Limited v CSARS (CCT 209/22)	Value-Added Tax Act, 1991	Value-Added Tax Act 89 of 1991 — whether a supply free of charge may constitute a taxable supply Value-Added Tax Act 89 of 1991 – section 16(3)(c) – whether the supply of an insurance contract to borrowers who pay interest and fees made exclusively in the course or furtherance of an exempt activity – whether the amount in section 16(3)(c) may be apportioned where the insurance contract is supplied only partly in the course or furtherance of an enterprise – significance of taxpayer’s failure to plead apportionment.
2023
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
3 October 2023	Sasol Chevron Holdings Limited v CSARS (CCT 149/22)	Promotion of Administrative Justice Act, 2000	Promotion of Administrative Justice Act 3 of 2000 (PAJA) – delay in instituting application for review – section 7(1) of PAJA – 180-day period – leave to appeal refused
3 October 2023	Nu Africa Duty Free Shops (Pty) Ltd v Minister of Finance and Others; CSARS v Ambassador Duty Free (Pty) Ltd and Others; Minister of Finance v Ambassador Duty Free (Pty) Ltd and Others (CCT 29/22; CCT 57/22; CCT 58/22)	Customs and Excise Act, 1964 Value-Added Tax Act, 1991	[Customs and Excise Act 91 of 1964] – [Value-Added Tax Act 89 of 1991] – [Constitutionality of section 75(15)(a)(i)(bb) of the Customs Act] – [Constitutionality of section 74(3)(a) of the VAT Act] [Sections delegate plenary legislative power to the Minister] – [Breach of doctrine of separation of powers] – [Rationality] – [Section 77 of the Constitution]
30 May 2023	Arena Holdings (Pty) Ltd t/a Financial Mail and Others v CSARS and Others (CCT 365/21)	Promotion of Access to Information Act, 2000 Tax Administration Act, 2011	Promotion of Access to Information Act 2 of 2000 – constitutionality of sections 35 and 46 – provisions are unconstitutional Tax Administration Act 28 of 2011 – constitutionality of sections 67 and 69 – provisions are unconstitutional Unconstitutional – absolute prohibition of access to tax records – right to access to information – right to freedom of expression – right to privacy – section 36 of the Constitution – public-interest override
2022
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
11 March 2022	Barnard Labuschagne Incorporated v SARS and Another (CCT 6021)	Tax Administration Act, 2011	Tax Administration Act 28 of 2011 – sections 172 and 174 – certified statement filed by South African Revenue Service to be treated as civil judgment – whether susceptible of rescission Scope of Chapter 9 of Tax Administration Act – whether dispute about alleged payment of self-assessments within scope
11 February 2022	Cash Paymaster Services (Pty) Ltd and Others v Freedom Under Law NPC and Others (CCT 48/17)	Companies Act, 1973	Joinder – direct and substantial interest – such not shown Variation of order – provisional liquidators; section 359(1)(a) of Companies Act 61 of 1973 – company remains bound to comply with previous order despite the fact that final liquidators not yet appointed
2021
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
21 May 2021	Clicks Retailers (Pty) Limited v CSARS (CGT 07/20) See Media Summary	Income Tax Act, 1962	This matter concerns the tax treatment of retail loyalty programmes that are common in South Africa – whether an allowance under section 24C of the Income Tax Act, 1962, is available to Clicks Retailers (Pty) Limited (Clicks), a retailer which operates one such loyalty programme

2020
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
15 December 2020	Public Protector v CSARS and Others (CCT63/20) See Media Summary	Tax Administration Act, 2011 Public Protector Act, 1994	Whether the Public Protector is authorised to subpoena taxpayer information under section 7(4) of the Public Protector Act 23 of 1994 – whether the Commissioner for the South African Revenue Service may withhold such information under section 11(3) of the Public Protector Act read with section 69(1) of the Tax Administration Act 28 of 2011 – whether an order that the Public Protector must pay de bonis propriis (in her personal capacity) 15% of the costs of the Commissioner ought to stand
21 July 2020	Big G Restaurants (Pty) Limited v CSARS	Income Tax Act, 1962	Income tax – section 24C – and the interpretation of the words “in terms of” as contained in the provision – whether income derived from patrons of certain Spur and Panarottis restaurants is deductible by the Spur or Panarottis restaurateur in terms of section 24C(2) of the Income Tax Act

2018
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
25 April 2018	Marshall and Others v CSARS	Value-Added Tax Act, 1991	Value-Added Tax Act – interpretation of statutes – appropriateness of Judicial deference

2016
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
8 November 2016	Commission for Conciliation, Mediation and Arbitration & Others	Labour Relations Act, 1995	Section 193 of the LRA – unfairness – gross misconduct – peremption – review of arbitration award – compensation – racism

2013
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
14 November 2013	Patrick Lorenz Martin Gaertner & Others (including Orion Cold Storage) v the Minister of Finance & Others	Customs and Excise Act, 1964	Section 4(4)-(6) unconstitutional – Not applied retrospectively. Declaration of invalidity suspended for six months to allow Parliament to remedy – Court read in a warrant requirement when SARS officials wish to search private residences for purposes of the Act.

2011
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
7 June 2011	Minister of Safety and Security v GW van der Merwe and Others	Criminal Procedures Act, 1977	Sections 20, 21 and 25 – whether search and seizure warrants are valid despite their failure to mention the offences to which the search relates

2007
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
14 September 2007	Van der Merwe, GW and Another	Customs and Excise Act, 1964	Declaration of goods in passenger’s possession in terms of section 15(1)

2002
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
16 May 2002	First National Bank of SA Limited t/a Wesbank	Customs and Excise Act, 1964	Liens in terms of section 114

2000
Date of Delivery	Parties Involved	Applicable Legislation	Keywords
24 November 2000	Metcash Trading Limited	Value-Added Tax Act, 1991	Limitation of right of access in terms of sections 36(1), 40(2)(a) and 40(5)

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