Meta Description: Discover why the 2023 Aminto Precast Labour Court judgment matters in 2026. Learn how it clarifies CCMA jurisdiction regarding lay-offs vs. suspensions. Why Aminto Precast and Civil Engineering CC v The CCMA Matters in 2026 – Key Takeaways for South African Lawyers Welcome back to Legal Larry’s official blog. As South African labour…
When the State attempts to prosecute corporate taxpayers and their directors, the scales of justice demand procedural fairness, rigorous proof of essential elements, and strict adherence to evidentiary rules. The landmark case of Save Our Souls Security Services (Pty) Ltd; Masibulele Donald Sturu Pasiya v The State serves as a masterclass in what happens when these fundamentals are ignored.
The dispute arose from a heated public debate regarding animal trapping. The applicant, a farmer, found himself the subject of a controversial social media post by the respondents. The post not only criticized his animal trapping practices but also disclosed his personal information—specifically, his identity, his business details, and his home address (which happened to be the same as his business address).
Crucially, if a claimant failed to meet these stringent new administrative criteria, the RAF simply refused to accept or acknowledge receipt of their claim. For victims of road accidents and their legal representatives, this created severe logistical nightmares and raised the terrifying spectre of claims prescribing simply because the RAF refused to open the file. The applicants approached the High Court to have these decisions reviewed and set aside.
SARS flatly refused the request. They relied on the strict confidentiality provisions housed in section 35(1) of PAIA and sections 67 and 69 of the Tax Administration Act (TAA), which created a blanket ban on the disclosure of taxpayer information.