Peter Dachs It has been widely reported that the South African Revenue Service (SARS) is making application for the sequestration of Julius Malema, the head of the Economic Freedom Front political party, after the 'collapse' of a settlement agreement between the parties. These reports state that Malema did not correctly disclose the source of the funds used to settle the tax debt which formed part of the agreement. In determining whether settlement is appropriate the Commissioner of SARS must consider a variety of factors including the potential costs of litigation to SARS and its likelihood of success, factual or evidentiary difficulties which would make litigation or alternative dispute resolution problematic, whether settlement is in the best interest of good management of the tax system, overall fairness and use of SARS' resources.
May 26 2015