Financial Mail editor Rob Rose said the Constitutional Court’s ruling that a blanket ban on disclosing taxpayer information was invalid is ‘a victory for our access to information laws’.

An EWN report notes that the ruling comes on the back of a case from the Financial Mail and amaBhungane.

The two publications went to court after applications they had made in terms of Paia to access former President Jacob Zuma’s tax records were refused by the taxman.

SARS had relied on sections of Paia and the Tax Administration Act (TAA).

The two Acts essentially barred the revenue service from releasing taxpayer information, even when it was in the public interest.

But the Gauteng High Court (Pretoria) in 2021 found these sections were unconstitutional. And the Constitutional Court this week confirmed that ruling. 

Rose said that it was an ambitious case.

‘Ultimately, this effectively overrules the blanket secrecy provision on taxpayer information – in very specific circumstances though, where there’s a clear public interest and disclosure will outweigh the harm,’ he said.

‘Ultimately, we believe it’s an important ruling for transparency and a victory for our access to information laws, which as you know are routinely ignored by politicians,’ said Rose.

Full EWN report