"resident of the Republic"

means—

(a) a resident as defined in section 1 of the Income Tax Act, other than a person that—
(i) is a ‘resident’ solely as a result of having its place of effective management in the Republic as referred to in paragraph (b) of that definition; and
(ii) does not carry on an enterprise in the Republic; or
(b) any other person or any other company to the extent that such person or company carries on in the Republic any enterprise or other activity and has a fixed or permanent place in the Republic relating to such enterprise or other activity;

[Definition substituted by section 45(1) of the Taxation Laws Amendment Act 42 of 2024, Notice No. 5736, GG51826, dated 24 December 2024 - comes into operation on 1 January 2025 (section 45(2))]