The public interest in disclosure must outweigh the harm contemplated by the Tax Administration Act in keeping taxpayer information confidential
The case arose out of an application for former president Jacob Zuma’s tax records from 2010 to 2018 on the basis of evidence from Jacques Pauw’s book The President’s Keepers that he was not tax compliant. Picture: SANDILE NDLOVU/FILE PHOTO
Before taxpayer information was always kept strictly confidential. The judgment now opens the door to public access — under extremely limited circumstances. The court order gave parliament two years to amend the legislation to bring it into line with the constitution. In the interim, it must be read to allow for public access to taxpayer information — but in very limited circumstances: Sars must disclose the information in the public interest if the disclosure would reveal “a substantial contravention of, or failure to comply with the law” or “an imminent and serious public safety or environmental risk”.
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