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Public protector has 'no elevated status', ConCourt hears

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The public protector is bound by the constitution and the law, and gets no elevated status from other Chapter 9 institutions, Sars commissioner Edward Kieswetter's lawyer argued on Thursday.

Mkhwebane believed that section 7 of the Public Protector Act — which states that the public protector may direct any person to produce any document under his or her control that has a bearing on the matter being investigated — applied to any person without exception.

He approached the high court to seek the declaration that the subpoena powers of the public protector did not extend to Sars.Arguing before the court, Gauntlett said the commissioner of Sars was a creature of statute - the Tax Administrative Act specifically. He said this assertion by the Sars commissioner was met with an answer by the public protector that she was at the apex of the Chapter 9 institutions.

 

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