Question NW1227 to the Minister of Finance
17 May 2023 - NW1227
Breytenbach, Adv G to ask the Minister of Finance
Whether, with regard to a legal obligation on a certain person (name furnished) to declare the person’s possession of currency in terms of section 15 of the Customs and Excise Act, Act 91 of 1964, upon his entry into the Republic, and in light of the fact that the failure to so declare is an offence in terms of section 81 of the specified Act, wherein the definition of goods includes currency, the SA Revenue Service has laid a criminal complaint with the SA Police Service in terms of the statute above read with section 34(2) of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
Section 4(3) of the Customs and Excise Act prohibits the Commissioner and/or SARS officials from disclosing any information relating to any person, firm or business acquired in the performance of SARS duties, except in circumstances outlined in the Act. Accordingly, SARS is not able to disclose information requested to the Minister and Parliament.