This comes after civil society group the Organisation Undoing Tax Abuse approached the court in October 2021 to declare both the main act and the amendment act unconstitutional.
Outa raised its concerns and objections about the Aarto Act and the published Aarto Amendment Act for a number of years and shared its concerns with relevant authorities before the Amendment Act was published. “It, therefore, follows in my view that the Aarto Act and the Amendment Act must be declared to be inconsistent with the Constitution in its entirety. It is therefore declared that the Aarto Act and the Amendment Acts are unconstitutional and invalid,” Basson said in her ruling.
“We are satisfied that the judgment will be sending the government back to the drawing board. This time around, we trust the relevant departments will engage meaningfully with civil society to obtain our input when developing such important policies for the country. South Africa needs effective processes enabled by fair adjudication that complies with the Constitution,” she said.
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