'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.

Click on the link below to hear more from Kieswitter....


Recommended

by NEWSROOM AI
Read More
Baba Mthethwa to host 'Ho Thaata' Legacy Football Tournament

Baba Mthethwa to host 'Ho Thaata' Legacy Football Tournament

The event takes place from the 16th to the 23rd of December.

Wet weather conditions expected to persist across some provinces

Wet weather conditions expected to persist across some provinces

Eastern parts of the Northern Cape as well as parts of the North West, Free State, Limpopo and Mpumalanga will be affected.

Eskom wants to place Newcastle Municipality in the dark over R200m debt

Eskom wants to place Newcastle Municipality in the dark over R200m debt

Eyewitness News reporter Nkosikhona Duma gives details of the court proceedings.

TMPD investigates manhandling of woman by five officers

TMPD investigates manhandling of woman by five officers

According to various social media pages, the woman was afraid of being stopped by fake cops.

 Tshwane council speaker recuses herself

Tshwane council speaker recuses herself

Eyewitness News reporter Edwin Ntshidi says Katlego Mathebe insisted that DA councillor Zweli Khumalo should take over.

[LISTEN] Nafasi water on desalination and rehabilitating our water supply

[LISTEN] Nafasi water on desalination and rehabilitating our water supply

Joanne Joseph speaks to CEO Suzie Nkambule about the new technology.

Popular articles
Considering emigration? Financial planner discusses the affordability of leaving

Considering emigration? Financial planner discusses the affordability of leaving

Can you afford to leave South Africa? Certified Financial Planner (CFP) Barry O'Mahony on what to consider before deciding.

'SAA’s collapse plays nicely into hands of a politically constrained Ramaphosa'

'SAA’s collapse plays nicely into hands of a politically constrained Ramaphosa'

After dithering for fear of spending political capital, SAA is now out of the President’s hands, says Pieter du Toit (News24).

Minister Fikile Mbalula appoints permanent Road Accident Fund board

Minister Fikile Mbalula appoints permanent Road Accident Fund board

Eyewitness News reporter Bonga Dlulane gives details of the new board and the mandate they have been given by the minister.

Jehova Retshepile Wena star Neyi Zimu has passed away

Jehova Retshepile Wena star Neyi Zimu has passed away

The Gospel star succumbed to a long illness on Wednesday night.

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

Former public protector says the eight-year sentence was too harsh and it shouldn't matter that he was not a Wits student.

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

‘South Africans are getting poorer and poorer because of politics’

‘South Africans are getting poorer and poorer because of politics’

SAA is a classic example, says Isaah Mhlanga, Chief Economist at Alexander Forbes Investments.

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

Khabazela shares tweets and Facebook posts that have gone viral.