Browsing Research Articles (Faculty of Law) by Author "Moosa, Fareed"
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‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
Moosa, Fareed (Juta, 2021)This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ... -
A cryptocurrency wallet: Is it “relevant material” for tax administration purposes?
Moosa, Fareed (Siber Ink, 2020)This article shows that wallets storing cryptocurrency are intangible property so that they ought to qualify as a ‘thing’ within the meaning of this term in section 1 of the Tax Administration Act 28 of 2011, read with ... -
Interpretation of wills – Does the Endumeni case apply?
Moosa, Fareed (Academy of Science of South Africa, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
A plea of double jeopardy by accused employers: are there limits?
Moosa, Fareed (Nelson Mandela University, 2021)The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ... -
Section 45 of the Tax Administration Act: An unconstitutional limitation on taxpayer privacy?
Moosa, Fareed (Juta, 2021)The Tax Administration Act 28 of 2011 is a law of general application. Section 45 of the Act empowers a SARS official to enter, without a warrant, premises where a trade or enterprise is reasonably believed to be carried ... -
Understanding ‘emergency monetary relief’ in the Domestic Violence Act
Moosa, Fareed (Law Society of South Africa, 2020)Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of Justice and Another Intervening) 2000 (2) SA 425 (CC), Sachs ...