The Competition Appeal Court issued a rare adverse costs order against the Competition Commission for acting ultra vires by issuing a divestiture directive against African Rainbow Capital (ARC) following the Fresh Produce Market Inquiry, and threatening that non-compliance with the directive could result in the Commission applying to the Competition Tribunal to make the divestiture directive an order.
On 22 April 2026, the Constitutional Court handed down its first substantive interpretation of South Africa's General Anti-Avoidance Rules ("GAAR") since they were amended in 2006. In a long-awaited judgment, delivered almost eight years after the SARS audit began, the majority judgment significantly broadened the scope of SARS's GAAR powers.
A recent Western Cape High Court judgment has delivered a clear message to taxpayers and their advisors: in tax disputes, process is not a formality — it is the gateway to being heard.
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