Jonathan Barnes

This monthly update provides a concise overview of recent decisions from the Tax Appeals Tribunal (Tribunal) and the High Court, together with notable administrative developments from the Kenya Revenue Authority (KRA). The cases address important income tax, value added tax (VAT) and procedural issues with practical implications for taxpayers. A key High Court decision confirmed that, in the lending business, loan principal amounts constitute stock-in-trade rather than capital.

In National Union of Metalworkers of South Africa and Others v Industrial Oleo Chemical Products [2026] ZACC 22, the Constitutional Court provided welcome clarity on the procedural route that follows a failed facilitation process in large-scale retrenchments under section 189A of the Labour Relations Act 66 of 1995 (LRA). The central question was whether employees or a registered trade union must first refer an unfair dismissal dispute to conciliation before approaching the Labour Court.

On 28 May 2026, the National Payment System Department of the South African Reserve Bank (SARB) and the Financial Sector Conduct Authority (FSCA) issued a joint communication relating to the use of crypto assets for domestic payment purposes (Joint Communication).