'Public Protector not a party the commissioner may give taxpayer information to'
While Public Protector Busisiwe Mkhwebane says she will oppose an urgent legal bid by the South African Revenue Service intended to restrict her from obtaining former president Jacob Zuma’s tax information, Sars commissioner Edward Kieswetter insists that the Public Protector is not mentioned as a party to whom he may give taxpayer information.
Last month Mkhwebane issued a subpoena to obtain the former president's tax information as part of an investigation into a 2017 complaint from the Democratic Alliance claiming that Zuma pocketed undeclared money from a security company during his presidency.
This is not a matter of our opinion or a matter of our sentiments and it does not relate to any taxpayer. The Tax Administration Act is very clear about who Sars must give taxpayer information to, under what conditions, for what purpose and in this regard it leaves the commissioner of Sars with no discretion.Edward Kieswetter, Commissioner - Sars
The Public Protector is not mentioned as a party to whom the commissioner may give taxpayer information.Edward Kieswetter, Commissioner - Sars
The subpoena puts us in a position where if I ignore the Public Protector's request, then I commit a criminal offence in terms of the Public Protector's Act, on the one hand, if I do give out the information I commit an offence also criminal in terms of the Tax Administration Act. The only way one can resolve this is to seek legal clarity.Edward Kieswetter, Commissioner - Sars
She can get an order from the court and we would respond to it gladly, this is not a matter of trying to up-stand the public protector, there is no interest for us to do that.Edward Kieswetter, Commissioner - Sars
Zuma has since tweeted about the matter, saying he has nothing to hide and gives the Public Protector permission to access his records.
I hear that my SARS records are being contested in court by Kieswetter. No one has consulted me about this matter. Furthermore, I have been informed that the office requesting these records is the office of the @PublicProtector (PP) @AdvBMkhwebane— Jacob G Zuma (@PresJGZuma) November 12, 2019
It must be known that I have nothing to hide. If the @PublicProtector wants to see my SARS records she is free to do so. We should not make the job of the PP difficult. If she wants my records, she must have them.— Jacob G Zuma (@PresJGZuma) November 12, 2019
Click on the link below to hear more from Kieswitter....
Last year, the former president tweeted that former tourism minister Derek Hanekom was "a known enemy agent".Read More
According to the Presidency, John Nkadimeng passed away on 6 August 2020 at the age of 93.Read More
Bruce Whitfield interviews Whitey Basson, who believes it's just not good enough for govt to say ban will be lifted but not when.Read More
The minister said the inter-ministerial committee, appointed by President Cyril Ramaphosa, was an entity with teeth that would act against those found to be looting from COVID-19 related projects.Read More
Minister of Justice and Correctional Services Ronald Lamola briefs media on the outcomes of the Cabinet Meeting of 5 August 2020.Read More
Naledi Pandor's spokesperson Lunga Ngqengelele says the minister has been in conversation with Zimbabwean officials on the matter.Read More
Clement Manyathela chats to the longest-serving minister since 1994 Jeff Radebe in this week's #HangingOutwithClement.Read More
Attorney Ulrich Roux says if the government didn't agree with the award granted, it should have appealed.Read More
The federation's parliamentary co-ordinator Matthew Parks says people need to see politicians going to jail for corruption.Read More