Mkhwebane loses bid to appeal tax records ruling
The Constitutional Court has dismissed an application by Public Protector Busisiwe Mkhwebane to appeal a High Court decision which stated that her office has no powers to subpoena personal taxpayer information.
This comes after Mkhwebane subpoenaed South African Revenue Service (SARS) to allow her access to former president Jacob Zuma's tax information.
Mkhwebane was investigating allegations that Royal Security owned by Roy Moodley paid Zuma R1.5 million leading up to his election as president and after he was elected.
Justice Mbuyiseli Madlanga handed down judgment on Tuesday.
"The public protector should not have gone on a power testing expedition if this was urgent, she could have just obtained the taxpayer's written consent. From what has been explained, it seems former president Jacob Zuma was willing to provide such consent.”
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He said in an event that Zuma denied consent, Mkhwebane could have approached the courts.
Mandlanga said the SARS Act allows the institution to withhold personal tax information even in the face of such a subpoena.
The apex court has however dismissed the High Court's personal cost order imposed on Mkhwebane.
