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.

2022
Date of Delivery Parties Involved Applicable Legislation Keywords
11 March 2022
New!

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)

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) 

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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