High court denies Mkhwebane access to taxpayer information

High court denies Mkhwebane access to taxpayer information

The Gauteng High Court in Pretoria has ruled in favour of the South African Revenue Service (SARS) in the matter related to the Public Protector and former President Jacob Zuma's tax records.

Busisiwe-Mkhwebane-AFP
Phill Magakoe / AFP

Last year Public Protector Busisiwe Mkhwebane issued a subpoena to obtain the former President's tax information - a move SARS was dead set against, citing the Tax Information Act, which protects the privacy of all taxpayers.


Zuma submitted an affidavit this month giving Mkhwebane permission to investigate the records.


However, SARS Commissioner, Edward Kieswetter approached the court for an order declaring that the Public Protector's subpoena powers do not extend to taxpayer records.


READ: Court hears Mkhwebane didn't pay attention to the law


In a brief statement, SARS acknowledged the judgement.


"SARS has noted that the High Court has found in favour of SARS in the matter between the Commissioner and the Public Protector regarding the subpoena issued upon the Commissioner for taxpayer information."


"In brief, the High Court has confirmed that SARS is permitted in law, and in fact required to withhold taxpayer information from the Public Protector," the statement reads.


"SARS is studying the judgment carefully and will provide a reasoned response in due course."


Mkhwebane has been ordered to personally pay 15% of the legal costs incurred in the matter through a cost order handed down with the judgement.

Missed a Newswatch bulletin 2

Show's Stories