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A Constitutional Court Recalibration of South Africa’s GAAR
The Constitutional Court’s judgment in Absa Bank Ltd and Another v Commissioner for the South African Revenue Service is one of the most significant South African tax decisions in recent years, particularly in relation to the interpretation and operation of the General Anti-Avoidance Rules (“GAAR”) in Part IIA of the Income Tax Act 58 of 1962 (“the Act”).
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During the 2026 State of the Nation Address, South African President Cyril Ramaphosa addressed the issue of foreign nationals, undocumented migration, and the government’s plans to strengthen immigration enforcement.
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The South African Reserve Bank (“SARB”) published a consultation paper on 16 February 2026 with proposals to demise the prime lending rate (“Prime Rate”) and designating the Repurchase Rate (“Repo Rate”) (to be called the SARB policy rate or SPR) as its replacement.
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Many South African businesses use disclaimers and indemnities as a routine feature of customer-facing operations.
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There have been numerous court decisions dealing with electronically commissioning affidavits.
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