The Financial Mail together with the amaBhungane Centre for Investigative Journalism on Tuesday filed papers in the North Gauteng High Court seeking access to the tax returns of former president Jacob Zuma and challenging the constitutionality of tax secrecy provisions,The papers are the culmination of a process that began in February 2019 when the Financial Mail filed an application to Sars under the Promotion of Access to Information Act seeking to obtain the tax returns of former president...
The request and subsequent appeal were denied by Sars on grounds including secrecy provisions in PAIA and the Tax Administration Act . PAIA specifically excludes tax information from its public interest considerations, while the TAA prohibits Sars and its employees from disclosing any taxpayer information to any member of the public.
The TAA further prevents any party, including the media, who come into possession of such information from reporting on it. “We believe the existing legislation to be unconstitutional, as it prevents us from obtaining information on the tax status of senior members of the executive – like former president Jacob Zuma -accused of serious crimes, including being tax delinquent. It restricts our ability to disseminate this vital information to the public,” says Financial Mail editor, Rob Rose.
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