Sars welcomes tax record ruling against Mkhwebane
The South African Revenue Services (Sars) has welcomed the Constitutional Court ruling in its favour.
On Tuesday, the apex court dismissed an application by Public Protector Busisiwe Mkhwebane to appeal a High Court decision which stated that her office has no powers to subpoena personal taxpayer information.
Mkhwebane wanted access to former president Jacob Zuma's tax information to aid in her investigation of allegations that Royal Security owned by Roy Moodley paid Zuma R1.5 million in the build-up to his election as president.
Sars commissioner Edward Kieswetter said the ruling in an important one and will restore the public's confidence in the taxman.
“This case is about the fundamental principle that taxpayer information is confidential, and a sacrosanct pillar our quest to achieve voluntary compliance. Every taxpayer must have the confidence that Sars will fight to protect this right without fear, favour or prejudice.”
“There is a strict duty on Sars to preserve and protect taxpayer confidentiality. This case has never been about defying the public protector, nor about protecting the interest of any particular taxpayer. Every taxpayer is equal before the law, and SARS has the duty to protect taxpayer confidentiality irrespective of their position in society and apply the law evenly regardless of the persons involved.”
Mkhwebane is considering an approach to the Supreme Court of Appeal in the matter.
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