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South Africa Case Law

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Tax Law [2023] ZATC 10

SSN Taxpayer v Commission for the South African Revenue Services (25334)

SSN Taxpayer v Commission for the South African Revenue Services (25334) [2023] ZATC 10 (31 March 2023)

The Tax Court held that relocation costs for third-party infrastructure and Town B were not deductible, but allowed deduction of the 66Kv line and set aside understatement penalties.

  • Income Tax Act
  • Mining Rights
  • Capital Expenditure
  • Deductibility Of Expenditure
  • Understatement Penalties
  • Interest On Penalties
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Tax Law [2021] ZATC 12

ABC Mining (Pty) Ltd v Commissioner for the South African Revenue Service (IT 24606)

ABC Mining (Pty) Ltd v Commissioner for the South African Revenue Service (IT 24606) [2021] ZATC 12 (25 February 2021)

The Tax Court held that the purchase of prospecting rights was not deductible under section 15(b), but reduced the understatement penalty to 10% and remitted interest.

  • Income Tax Act
  • Prospecting Rights Deduction
  • Understatement Penalty
  • Section 15b Interpretation
  • Capital Expenditure
  • Section 89quat Interest
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Tax Law [2017] ZATC 16

ABC Trading (Pty) Ltd v Commissioner, South African Revenue Service (13686)

ABC Trading (Pty) Ltd v Commissioner, South African Revenue Service (13686) [2017] ZATC 16 (30 March 2017)

The court held that the appellant, as a contract miner, is not engaged in 'mining operations' as defined by the Income Tax Act. The appellant's activities are limited to extraction and ancillary services for mining right holders, without involvement in the commercial sale of minerals or bearing the associated risks. The income earned is for services rendered, not from mining operations, and the appellant does not meet the statutory requirements for capital expenditure deductions under sections 15 and 36. The appellant's business model does not allow for ring-fencing of capital expenditure to…

  • Mining Tax Deductions
  • Capital Expenditure
  • Contract Mining
  • Interest And Penalties
  • Tax Ring Fencing
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Land And Property [2016] ZAGPJHC 154

Itokolle Clinix Hospital (Pty) Limited v Mngomezulu And Ministry Incorporation (41419/2015)

Itokolle Clinix Hospital (Pty) Limited v Mngomezulu And Ministry Incorporation (41419/2015) [2016] ZAGPJHC 154 (10 June 2016)

The High Court held that three months’ notice to end an integrated lease and radiology-services arrangement was unreasonable, so the eviction application failed.

  • Lease Termination
  • Reasonable Notice Period
  • Oral Agreement
  • Radiology Services
  • Capital Expenditure
  • Eviction
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.