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The court is examining the interpretation of the 2011 Tax Administration Law.
FILE: Constitutional Court. Image: EWN
CAPE TOWN – The Constitutional Court will hear arguments Thursday on whether Public Protector Busisiwe Mkhwebane can obtain confidential information from taxpayers.
The court is examining the interpretation of the 2011 Tax Administration Law.
The Pretoria High Court earlier this year ruled in favor of the South African Revenue Service (Sars), saying the Public Protector’s subpoena powers did not extend to taxpayer records.
The case related to former President Jacob Zuma’s tax records, which Mkhwebane wanted as part of his office’s investigation into allegations that he received suspicious payments from a business related to a businessman.
Representing the Public Protector, Attorney Dali Mpofu, argued that the protection offered to taxpayers is not absolute.
“We have said that there are about 15 exceptions. Even that is an understatement because, as I said, those exceptions, for example, can be found by the court, they are unlimited and you cannot put a number on them. So it is not absolute. That is a statement of fact that it is undeniable that the ban is not absolute, ”said Mpofu.
Zuma has said in the past that Mkhwebane could scrutinize his tax affairs as he had nothing to hide.
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