High Court: 2028-2026

The judgments delivered in any of the High Court Divisions on this page are arranged per year and then per date of delivery.
 
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2026
Date of DeliveryParties InvolvedApplicable LegislationKeywords/Summary
5 March 2026
New!

Democratic Alliance v Minister of Finance and Others (2025/045530)

Value-Added Tax Act, 1991

Constitutional Law – Section 7(4) of the VAT Act 89 of 1991 – impermissible delegation of legislative power to the Minister – Section 7(4) authorising the executive to determine rate of tax that applies across the economy – delegated power not accompanied by express statutory criteria governing the magnitude of the alteration, nor requiring parliament’s ratification within a defined short period after its exercise – No sufficiently defined statutory
limits or mechanisms of prompt legislative control to ensure that the balance between executive agility and parliamentary supremacy is maintained – section 7(4) declared unconstitutional and invalid as it constitutes an impermissible delegation of legislative power to the executive.
2 February 2026

Ferreira v CSARS
(2024/067035)

Tax Administration Act, 2011

Promotion of Administrative Justice Act, 2000

Section 164(3) of the Tax Administration Act 28 of 2011 (TAA) – Pay Now Argue Later – Section 9 reconsideration request – Section 6(2)(f) of Promotion of Administrative Justice Act 3 of 2000 (PAJA) –  whether SARS, acting under section 9 and section 164 of the TAA, and subject to review under section 6 of PAJA, acted lawfully and fairly when it refused to suspend the taxpayer’s obligation to pay the disputed tax debt despite the taxpayer offering substantial security through his TMM shareholding.

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