30 November, 2021 – The Commissioner of the South African Revenue Service, Mr Edward Kieswetter, after receiving carefully considered legal advice, as well as a strong recommendation from the relevant SARS governance committee, has agreed that SARS should apply for leave to appeal the judgment of 16 November 2021 in the Arena Holdings matter.
SARS is appealing the order and opposing the confirmation by the Constitutional Court of the unconstitutionality of the Promotion to Access to Information Act and Tax Administration Act.
The judgment as it currently stands, if left unchallenged, would undermine the sacrosanct principle of the confidentiality of taxpayer information, which is the bedrock upon which the work of SARS and other international revenue authorities is based.
“The public can be assured that SARS will defend the principle of confidentiality on behalf of every single taxpayer. Every taxpayer is equal before the law, and we will apply the laws relevant to SARS without fear, favour or prejudice,” says Commissioner Kieswetter.
As this matter is now before the courts, SARS will refrain from commenting further.
For further information, please contact SARS at [email protected]