The Resource Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17

Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17

Label
Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17
Title
Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17
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Contributor
Subject
Language
eng
Summary
Judgment by the Constitutional Court of South Africa, judgment date 18 June 2015. Section 9(1) of the (South African) Currency and Exchange Act 1933 empowered the Minister of Finance to introduce regulations governing the export of capital. The minister introduced the Exchange Control Regulations. Regulation 10(1)(c) forbad the export of capital from South Africa without the permission of Treasury and in accordance with any conditions Treasury might impose. The minister often announced changes in restrictions as part of the Budget speech and then the Treasury would implement the Minister's announcements by circular. In 2003, the minister announced a relaxation of exchange controls. Sums under R750,000 could be exported with Treasury permission but free of charge; amounts in excess of that sum attracted an exit charge of ten per cent. Mr Shuttleworth emigrated from South Africa and applied to export a large sum of money. He paid the ten per cent exit charge under protest and then took action attacking the validity of the imposition of the exit charge. Amongst other matters, Mr Shuttleworth alleged that the exit charge was a tax and therefore invalid as it had not been created by a money bill passed under the procedures created by s 75 of the Constitution. Alternatively, it was argued that the exit charge was calculated to raise revenue and therefore could not be imposed by regulations. From time to time it becomes necessary for a court to discuss the meaning of 'tax', often in a constitutional context where provisions in the constitution require tax legislation to be enacted in a particular fashion, or grant taxing powers to certain levels of government
Citation source
In: International tax law reports. - London. - Vol. 17 (2015),
http://bibfra.me/vocab/relation/comm
y_8jhG9ykJM
http://library.link/vocab/creatorName
Hattingh, J
Geographic coverage
Africa
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • constitutional law
  • export duty
Label
Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17
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Publication
Label
Shuttleworth and another v South African Reserve Bank and another : [2015] ZACC 17
Publication

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