It remains unclear whether SA Revenue Service (Sars) commissioner Tom Moyane will push forward with his restructuring of the organisation, despite an instruction from Finance Minister Pravin Gordhan not to.
Gordhan and Moyane are allegedly in conflict over claims that the existence of an alleged Sars spy unit broke the law.
Tax expert Charles de Wet on Tuesday said that Moyane may proceed with the restructuring as legislation does not give finance minsters executive power over the tax commissioner.
Listen to the full conversation from The Midday Report with Stephen Grootes:
The enabling legislation under the amended Sars Act of 1997 says the President appoints the Commissioner, though it was previously the Finance Minster.— Charles de Wet, tax partner at PricewaterhouseCoopers
The only powers of the Finance Minster in these circumstances is to appoint a specialist committee and control those committee members.— Charles de Wet, tax partner at PricewaterhouseCoopers
There is no direct link of executive power between the commissioner and minister.— Charles de Wet, tax partner at PricewaterhouseCoopers
It would seem the commissioner can press ahead with his plans to restructure and the minister can only challenge this in court or appoint a committee - though it may be too late in any case.— Charles de Wet, tax partner at PricewaterhouseCoopers