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History of this document
01 April 2025 amendment not yet applied
01 October 2004 amendment not yet applied
13 August 2004 amendment not yet applied
01 July 1999 amendment not yet applied
17 March 1998 amendment not yet applied
31 December 1997 amendment not yet applied
06 August 1993
Note: Date of commencement of sections 18-35 (see section 36)
09 April 1993
Note: Date of commencement of whole Act, except sections 18-35
31 March 1993 this version
25 March 1993
Cited documents 0
Documents citing this one 128
Gazette
121Judgment
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Reported
Procurement by organ of state – whether s 217 of the Constitution is |
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Reported
Applicants detained in an airport inadmissible facility are within South African jurisdiction and entitled to protection and re‑admission pending asylum determination.
Refugee law; ports of entry; inadmissible facility; non‑refoulement; jurisdiction of South African courts over detainees at international airports; duty to re‑admit and process refugees and asylum seekers; waiver of refugee status not presumed; interplay with international aviation instruments.
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Civil Procedure – rescission of judgment – no distinction in approach to rescission of consent orders and other judgments – the starting point is the court order rather than the underlying agreement – lack of authority to conclude settlement agreement and consequent consent court order – good cause for rescission established. |
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Whether non‑compliance with a court‑ordered settlement constituted wilful contempt where the party relied on arbitration and legal advice.
* Civil procedure – contempt of court – enforcement of settlement agreement made an order of court – whether non‑compliance was wilful and mala fide.
* Arbitration – dispute resolution clause incorporated into court order – whether arbitration precludes or delays contempt proceedings and whether a stay should have been considered.
* Evidence – reliance on bona fide legal advice and attempts to comply may negate wilfulness; adequacy of affidavits from executives on advice material.
* Contempt procedure – committal is a remedy of last resort; courts must scrutinise facts carefully before imprisonment.
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Reported
Recovery by an airline of an airports passenger service charge is not subject to VAT where the airline does not supply the airport services.
Value‑added tax – zero‑rating of international carriage – recovery of passenger service charge imposed by airports operator – distinction between supplying a service and recovering a third‑party charge – interpretation and limits of s 8(15) of the Value‑Added Tax Act.
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Act
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Business, Trade and Industry
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Finance and Money
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Infrastructure and Transportation
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Ministerial Order
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Infrastructure and Transportation
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Subsidiary legislation
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Title
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Infrastructure and Transportation
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