Interpretation of fiscal statutes by the courts: a South African tax law perspective
dc.contributor.advisor | Emslie, Trevor | en_ZA |
dc.contributor.author | Kafesu, Lovemore Takudzwa | en_ZA |
dc.date.accessioned | 2015-02-03T18:37:05Z | |
dc.date.available | 2015-02-03T18:37:05Z | |
dc.date.issued | 2011 | en_ZA |
dc.description | Includes bibliographical references. | en_ZA |
dc.description.abstract | This study examines the way in which the South African judiciary approaches the interpretation of fiscal legislation. It refers back to the use of the literal/textual approach (traditional approach), its shortcomings and the modification of such approach if it leads to absurdity. It also explores the purposive and contextual approaches to the interpretation of fiscal statutes. It then ana- lyses whether the advent of the Constitution (The Constitution of the Republic of South Africa of 1996) has brought a paradigm shift from the strict literal approach to the purposive approach. The conclusion reached is that the Constitution has been a catalyst for change from the literal/textual approach to a purpo- sive approach. However, the conclusion does not shy away from showing that, in practice; there is a continued practical applica- tion of the literal/textual approach by South African courts. | en_ZA |
dc.identifier.apacitation | Kafesu, L. T. (2011). <i>Interpretation of fiscal statutes by the courts: a South African tax law perspective</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/12360 | en_ZA |
dc.identifier.chicagocitation | Kafesu, Lovemore Takudzwa. <i>"Interpretation of fiscal statutes by the courts: a South African tax law perspective."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2011. http://hdl.handle.net/11427/12360 | en_ZA |
dc.identifier.citation | Kafesu, L. 2011. Interpretation of fiscal statutes by the courts: a South African tax law perspective. University of Cape Town. | en_ZA |
dc.identifier.ris | TY - Thesis / Dissertation AU - Kafesu, Lovemore Takudzwa AB - This study examines the way in which the South African judiciary approaches the interpretation of fiscal legislation. It refers back to the use of the literal/textual approach (traditional approach), its shortcomings and the modification of such approach if it leads to absurdity. It also explores the purposive and contextual approaches to the interpretation of fiscal statutes. It then ana- lyses whether the advent of the Constitution (The Constitution of the Republic of South Africa of 1996) has brought a paradigm shift from the strict literal approach to the purposive approach. The conclusion reached is that the Constitution has been a catalyst for change from the literal/textual approach to a purpo- sive approach. However, the conclusion does not shy away from showing that, in practice; there is a continued practical applica- tion of the literal/textual approach by South African courts. DA - 2011 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2011 T1 - Interpretation of fiscal statutes by the courts: a South African tax law perspective TI - Interpretation of fiscal statutes by the courts: a South African tax law perspective UR - http://hdl.handle.net/11427/12360 ER - | en_ZA |
dc.identifier.uri | http://hdl.handle.net/11427/12360 | |
dc.identifier.vancouvercitation | Kafesu LT. Interpretation of fiscal statutes by the courts: a South African tax law perspective. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2011 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12360 | en_ZA |
dc.language.iso | eng | en_ZA |
dc.publisher.department | Department of Commercial Law | en_ZA |
dc.publisher.faculty | Faculty of Law | en_ZA |
dc.publisher.institution | University of Cape Town | |
dc.subject.other | Commercial Law | en_ZA |
dc.title | Interpretation of fiscal statutes by the courts: a South African tax law perspective | en_ZA |
dc.type | Master Thesis | |
dc.type.qualificationlevel | Masters | |
dc.type.qualificationname | LLM | en_ZA |
uct.type.filetype | Text | |
uct.type.filetype | Image | |
uct.type.publication | Research | en_ZA |
uct.type.resource | Thesis | en_ZA |
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