Pauw set to fight SARS application
JOURNALIST Jacques Pauw will oppose an application by the South African Revenue Service (SARS) in the Western Cape High Court over his recently published book.
“We will argue that I published the information legally and there was huge public interest in what I have published‚” he said on Radio 702 yesterday.
SARS‚ in papers filed on Friday‚ is seeking a declaratory order affirming its position that Pauw contravened confidentiality clauses in the Tax Administration Act by publishing the information and‚ in so doing‚ broke the law.
“I have revealed the tax affairs of people like Julius Malema‚ Radovan Krejcir‚ Glen Agliotti,” Pauw said.
“Never before has SARS brought any application against any journalist. “I think it’s very telling.” His book‚ The President’s Keepers‚ contains revelations over the tax affairs of President Jacob Zuma‚ including that he was paid R1-million a month for at least four months after he became president in 2009.
He described the litigation by SARS as highly malicious and unnecessary because SARS had already laid criminal charges against him.
“Why do they want another order? Why are they flying a battery of senior counsel to Cape Town to argue their case?” he said.
“If I have broken the law‚ the NPA must prosecute me and I will de- fend myself in court.”
Pauw said he was not worried that he might go to jail for publishing the book if SARS pursued criminal charges against him.
“I don’t even think the law makes provision for a jail sentence when you illegally reveal confidential taxpayers’ information,” he said.
Meanwhile, the DA has accused SARS commissioner Tom Moyane of engaging in intimidation.
DA deputy finance spokesman Alf Lees said: “Moyane is once again trying to execute the messenger instead of dealing with the substance of the revelations.
“The SARS court application‚ under the hand of Tom Moyane‚ is clearly intended to intimidate any other South Africans from exposing matters of public interest.
“There is nothing confidential about the massive R145.2-million estimate of taxable fringe benefit that accrued to President Jacob Zuma when the state rebuilt his Nkandla residence.
“Unless SARS deals with this revelation‚ as well as the many other revelations‚ publicly and transparently‚ the reputation of senior SARS executives and consequently SARS itself will not be restored.
“This will have a negative impact on taxpayer morality and the consequent resistance of taxpayers to pay taxes due.”