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South Africa Case Law

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Tax Law [2018] ZASCA 115

Commissioner for the South African Revenue Services v Amawele Joint Venture CC (908/2017)

Commissioner for the South African Revenue Services v Amawele Joint Venture CC (908/2017) [2018] ZASCA 115; 81 SATC 297 (19 September 2018)

The SCA held that Amawele’s housing-project services were not zero-rated under the VAT Act, so VAT had to be charged at the standard rate.

  • Value Added Tax
  • Zero Rating Of Services
  • Housing Subsidy Scheme
  • Statutory Interpretation
  • Value-added-tax
  • Zero-rating
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Administrative Law [2017] ZAECELLC 12

Mabuya v Buffalo City Municipality and Another (EL645/2013, ECD1545/2013)

Mabuya v Buffalo City Municipality and Another (EL645/2013, ECD1545/2013) [2017] ZAECELLC 12 (15 May 2017)

The court refused to set aside the housing allocation process but ordered Buffalo City Municipality to ensure transfer of the allocated property into the applicant’s name.

  • Housing Subsidy Scheme
  • Mandamus
  • Allocation Of State Property
  • Administrative Inaction
  • Constitutional Right To Housing
  • Administrative-law
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Tax Law [2016] ZAGPPHC 1070

Commissioner for the South African Revenue Service v Amewele Joint Venture CC (A174/15)

Commissioner for the South African Revenue Service v Amewele Joint Venture CC (A174/15) [2016] ZAGPPHC 1070 (15 December 2016)

The High Court held that housing-related services qualified for VAT zero-rating under the Housing Subsidy Scheme, and ordered interest on the refund from the date it was due.

  • Vat Zero Rating
  • Housing Subsidy Scheme
  • Statutory Interpretation
  • Interest On Tax Refunds
  • Vat-zero-rating
  • Housing-subsidy-scheme
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Tax Law [2014] ZATC 4

AB CC v Commissioner for the South African Revenue Service (VAT 1005)

AB CC v Commissioner for the South African Revenue Service (VAT 1005) [2014] ZATC 4; 78 SATC 64 (9 December 2014)

The Tax Court held that housing rectification, rehabilitation and new-build services fell within the Housing Subsidy Scheme and qualified for zero-rated VAT.

  • Value Added Tax
  • Housing Subsidy Scheme
  • Zero Rating
  • Statutory Interpretation
  • Contra Fiscum Rule
  • Value-added-tax
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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.