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South Africa Case Law

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Tax Law [2019] ZATC 9

ABC Proprietary Limited v Commissioner for the South African Revenue Services (14287)

ABC Proprietary Limited v Commissioner for the South African Revenue Services (14287) [2019] ZATC 9; 82 SATC 144 (12 June 2019)

The court found that the wording of the double taxation agreements between South Africa and the Netherlands, Sweden, and Kuwait is clear and unambiguous. The MFN clause in the Netherlands DTA is triggered when South Africa affords more favourable treatment to another contracting state, regardless of whether such treatment arises from agreements concluded before or after the Netherlands DTA. The subsequent agreement with Sweden incorporated a provision that residents of Sweden would receive the same preferential treatment as any other contracting state, irrespective of timing. Since Kuwait alr…

  • Double Taxation Agreements
  • Most Favoured Nation Clause
  • Income Tax Act
  • Treaty Interpretation
  • Dividends Tax
  • Parol Evidence Rule
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Criminal Law [2016] ZASCA 191

Patel v National Director of Public Prosecutions: Johannesburg (838/2015)

Patel v National Director of Public Prosecutions: Johannesburg (838/2015) [2016] ZASCA 191; 2017 (1) SACR 456 (SCA) (1 December 2016)

The Supreme Court of Appeal held that the double criminality rule must be satisfied at the date of the extradition request, not the date of commission of the alleged offence. The wording of the Extradition Act and the Treaty, specifically 'is punishable', refers to the present and not to past conduct. This interpretation is consistent with the purpose of extradition, reciprocity, and international cooperation in criminal matters. The applicant’s reliance on foreign and local cases interpreting the conduct date as decisive was rejected, as those decisions were based on different statutory word…

  • Extradition
  • Double Criminality
  • Financial Intelligence Centre Act
  • Treaty Interpretation
  • Sufficiency Of Evidence
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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.