Mkhwebane might approach SCA on tax records case
Public Protector Busiswe Mkhwebane is considering an approach to the Supreme Court of Appeal in the case related to the access of taxpayers' records.
On Tuesday, the Constitutional Court dismissed Mkhwebane's application for direct access to appeal a high court ruling on the matter.
Mkhwebane had subpoenaed the South African Revenue Service (Sars) for failing to grant her access to former president Jacob Zuma's tax records during an investigation she was conducting on allegations that Zuma received millions of rands from Royal security company.
The apex court upheld a high court ruling that stated that Mkhwebane had no powers to access personal tax information.
Mkhwebane says she can still appeal that ruling.
"Regarding the decision not to grant the public protector leave to directly appeal the high court declarator and its dismissal of the public protector’s counter application, it needs to be emphasized that the Constitutional Court did not deal with the merits of the matter and therefore the appeal has not been decided,” said her spokesperson, Oupa Segalwe.
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"This means the door remains open for the public protector to approach the Supreme Court of Appeal, as she feels strongly that the TAA or any other law for that matter can under no circumstances trump the Constitution."
Despite Constitutional Court's ruling that the SARS Act allows the institution to withhold such records even in the face of a subpoena from Mkhwebane's office, she still believes she is entitled to such records.
"Her position on the matter has always been and remains that her office is entitled to have access to a taxpayer's information for purposes of an investigation despite the provisions of section 69(1) of the TAA since national legislation cannot trump the Constitution, from which her office draws its original investigative powers," added Segalwe.
