Tax Court Bullying Judgment Set-Aside and “court” status brought into question – Appeal Reignites Debate Over Lay Representation in the Tax Court

A recent tax dispute ruling has reignited the age-old debate over the right of appearance by a lay person in the Tax Court and whether the Tax Court falls within the ambit of a “court of law.”

The High Court judgment in Poulter v CSARS (A88/2023) [2024] ZAWCHC 97 (2 April 2024) involved a taxpayer contesting the assessment of her taxable income for 2018, and the Tax Court decision confirming such assessment to be in order, made with no adherence to the taxpayer’s right to representation.

Jashwin Baijoo, Partner and Head of Strategic Engagement & Compliance at Tax Consulting SA

Jashwin Baijoo

Partner and Head of Strategic Engagement and Compliance
Admitted Attorney, LLB, LLM (Tax)