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South African Law • Jurisdictional Corpus
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Rates and Monetary Amounts Amendment Act, 2024

CitationAct No. 45 of 2024; Government Gazette No. 51829 (24 December 2024)
JurisdictionZA
Area of Law
Tax LawCustoms and Excise Law
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Carbon Tax Law
Statutory Interpretation
Legislation

Facts of the Case

The text provided is not a court judgment but a published Act of Parliament assented to by the President and published in the Government Gazette on 24 December 2024. The Act amends Schedule No. 1 to the Customs and Excise Act 91 of 1964, specifically Part I of the Schedule to the amending Act, and amends sections 5 and 6 of the Carbon Tax Act 15 of 2019. It increases the carbon tax rate in section 5(1) from R159 to R190 per ton of carbon dioxide equivalent, and amends section 6(3)(c) by increasing the amount represented by 'B' from 0.66 cents to 0.69 cents per litre. The customs and excise amendments are deemed to have come into operation on 21 February 2024, while the carbon tax amendments are deemed to have come into operation on 1 January 2024.

Legal Issues

  • No judicial legal issues can be identified because the text is legislation, not a court judgment.
  • What statutory amendments were enacted to the Customs and Excise Act 91 of 1964 and the Carbon Tax Act 15 of 2019?
  • From what dates are the amendments deemed to have come into operation?

Judicial Outcome

The Rates and Monetary Amounts Amendment Act, 2024 was enacted and published. Schedule No. 1 to the Customs and Excise Act, 1964 was amended as set out in Part I of the Schedule to the Act, deemed effective from 21 February 2024. Section 5(1) of the Carbon Tax Act, 2019 was amended to increase the rate to R190 per ton of carbon dioxide equivalent, deemed effective from 1 January 2024. Section 6(3)(c) of the Carbon Tax Act, 2019 was amended to substitute 0.69 cents per litre for 0.66 cents per litre, also deemed effective from 1 January 2024.

Ratio Decidendi

Not available because there is no court decision and therefore no ratio decidendi. The document is primary legislation, not precedent-setting judicial authority.

Obiter Dicta

Not available because the text is not a judgment and contains no judicial observations or non-binding comments.

Legal Significance

The document is significant as a fiscal and revenue measure in South African law rather than as precedent. It updates excise/customs rates and increases the carbon tax burden, reflecting Parliament's annual adjustment of revenue measures and climate-related taxation. Its legal significance lies in its amendment of existing tax statutes and its use of deemed retrospective commencement dates, which affect taxpayers' liabilities from the specified earlier dates.

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