Analyst Levy Ndou says provisions in the Tax Act could prevent Public Protector Busiswe Mkwebane from obtaining former president, Jacob Zuma’s tax information from SARS.

This as the South African Revenue Service (SARS) launched an urgent court application on Monday to prohibit Mkwebane from obtaining Zuma’s tax information.

Mkhwebane is opposing the court action and says she is going ahead with her investigation. The Democratic Alliance (DA) laid a complaint with the Public Protector, alleging Zuma failed to declare to SARS, millions of rand he’d received from a security company in the past.

Morning Live extended an invitation to SARS to discuss the matter, but they declined, saying such information is confidential and no one has a right to access another’s tax information.

Political analyst, Levy Ndou says the SARS response is not unusual: “For me its not odd, because they have reasons, vital reasons why… they’re talking about the violation of the Tax Administration Act which is something that they feel should not be violated. But also, the same time you have a situation where the Public Protector has to perform responsibilities based on the Constitution. But also you have a complaint that has been lodged to the Public Protector, and those that have lodged the complaint will expect the Public Protector to go out, investigate, find out whether there is something wrong that has happened, make recommendations, and then the matter is laid to rest.”

“…and what you see now is a situation where different institutions that have been created by government in order to strengthen our democracy are now at loggerheads. And the other institution is preventing the other institution from executing its responsibilities. ”

 

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