South Africa: High Court Judgment Bolsters Pravin Gordhan's Case Against Public Protector

analysis

Businessman Martin Wingate-Pearse lost in the High Court on Wednesday in a case that may not only have a dire effect on his own taxpaying purse, but will have a direct influence on any court challenges arguing that SARS had a 'rogue unit' which illegally spied on taxpayers. This includes the pending review applications by Minister of Public enterprises Pravin Gordhan emanating from Public Protector Busisiwe Mkhwebane's findings in her second adverse Gordhan report.

The Nugent Commission into tax administration and governance at SARS has been affirmed as the authority on the revenue service - as well as longstanding allegations of a "rogue unit" in its midst - when Judge Pieter Meyer on Wednesday in the Gauteng High Court ruled against local businessman and tax dodger Martin Wingate-Pearse in a more than decade-old tax squabble.

Meyer Judgement

Judge Meyer relied entirely on the Nugent Commission, saying it "made findings in its final report that support SARS' stance that Mr Wingate-Pearse's allegations about the existence of a rogue unit within the ranks of SARS are without a sound factual basis". (Read the Nugent Commission report here)

The Nugent Commission conducted a four-month investigation in 2018 and published its findings in December...

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