Taxpayers and cheque refunds : sanity prevails : Stabilpave (Pty) Limited v South African Revenue Services 2014 1 SA 350 (SCA)

Abstract

This decision deals with the theft of a cheque that was sent through the post. We originally commented on the decision of the court of first instance (see Stabil- pave (Pty) Ltd v The South African Revenue Services [2009] ZASCA 159 (11 December 2009) and Nagel and Pretorius “Taxpayers beware the SARS cheque refund” 2010 THRHR 482.). We were of the opinion that the decision of the court of first instance was wrong. The matter subsequently went on appeal to the full bench of the North Gauteng High Court where the majority of the court upheld the decision of the court of first instance. The matter then went on appeal to the Supreme Court of Appeal.