TRaining

VAT Consequences of Unlawful Transactions

Overview

Explore the VAT consequences of unlawful and subsequently invalidated transactions through a detailed analysis of the Ndyamara / Swifambo judgment. 

This training examines the interaction between VAT liability, illegality, section 26 of the Insolvency Act, credit-note mechanisms under section 21 of the VAT Act, and key principles from MP Finance and Respublica. 

Learn why a contract’s later invalidity does not necessarily erase previously triggered VAT obligations, how courts distinguish between original tax events and adjustment events, and when credit notes may provide a more effective remedy than insolvency-law recovery claims. 

Notes

Download publication

Legal-DRJ-HC-2026-08-Aviwe-Ntandazo-Ndyamara-NO-and-Others-v-CSARS-51569-2020-2026-ZAGPPHC-25-May-2026 (83 downloads)

Download notes

VAT consequences of unlawful transactions – Notes (81 downloads)