Public Protector vs SARS: Concourt hears of sledgehammers and mosquitos in public protector’s appeal for access to taxpayer information

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Advocate Dali Mpofu spent more than three hours arguing in the Constitutional Court that the Constitution trumped national legislation, including the Tax Administration Act, and that the public protector is entitled to confidential taxpayers’ information.

Public Protector Busisiwe Mkhwebane approached the Constitutional Court directly to appeal against a stinging High Court judgment by

In his book, Pauw revealed that between 2007 — when he was elected leader of the ANC and while he was deputy president, through to 2009, when he was elected president of South Africa — Zuma received about R5-million as a ghost employee of ANC benefactor Roy Moodley’s Royal Security. Zuma had, in fact, remarked to Justice Steven Majiet, tweeted on 12 November 2019, four days after Kieswetter had filed an affidavit on 8 November, that he was willing to have his tax records made public.

This had, in fact, been the legal opinion initially offered by advocate Hamilton Maenetjie who had been consulted by both SARS and the public protector. Acts which expressly override the TAA are The Drugs and Trafficking Act, The Financial Intelligence Act and the Prevention of Organised Crime Act.

Source: Law Daily Report (lawdailyreport.net)

 

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