- SARS is not prepared to hand over taxpayer records to 3rd parties, even the Public Protector
- Zuma had given permission for his records to be released but the affidavit was submitted late
- The tax records are related to an accusation that Zuma received money from The Royal Security Company to the tune of R1-million a year
The South African Revenue Services (SARS) are not prepared to hand over former president Jacob Zuma's tax records to the Public Protector Busisiwe Mkhwebane despite the former president giving his permission.
Briefly.co.za learned that SARS has applied directly to the High Court in Pretoria in an effort to declare that the public protector does not have the authority to subpoena taxpayer records.
Sars lawyer Jeremy Gauntlett argued that the Tax Administration Act (TAA) stated that tax records could not be handed over to a third party, this would risk setting a negative precedent.
According to court papers filed yesterday: “The commissioner’s case is essentially that the statutory compulsion under the TAA to keep taxpayer information confidential constitutes ‘just cause’ under the PPA [Public Protector Act]. Hence, the public protector cannot compel by subpoena [backed by contempt proceedings and criminal sanctions against Sars officials] the disclosure of such information.”
Zuma had submitted an affidavit giving permission to release his records, however, this was submitted late and Gauntlett argues that it should not be accepted. He had been out of the country receiving medical attention when the affidavit was requested according to the citizen.co.za.
“It was, accordingly, not possible for me to be informed or receive legal advice in connection with the said request,” said Zuma.
Mkhwebane had requested Zuma's 2018 tax records as part of her case that Zuma was allegedly receiving R1-million a month from the Royal Security Company.
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