Sars is seeking an order declaring that the public protector’s subpoena powers do not extend to taxpayers' records.
This submission was made in the Pretoria high court on Friday by counsel for the public protector, Dali Mpofu SC, during an application by the SA Revenue Service .
Sars is seeking an order declaring that the public protector’s subpoena powers do not extend to taxpayers' records.Mpofu said a request by Sars, that Mkhwebane pay for a percentage of the costs order should she lose, came in a case where Sars and Mkhwebane were in agreement that the issue in dispute was an important constitutional one that the court should resolve.
"[The court] must assume that [Sars commissioner] Mr [Edward] Kieswetter got the wrong advice that the Tax Administration Act trumps the constitution,” Mpofu said.
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