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Tax Administration Act, 2011 (Act No. 28 of 2011)

Chapter 2 : General Administration Provisions

Part D : Authority to act in legal proceedings

12. Right of appearance in proceedings

 

(1) Despite any law to the contrary, a senior SARS official may, on behalf of SARS or the Commissioner in proceedings referred to in a tax Act, appear ex parte in a judge’s chambers, in the tax court or in a High Court.

[Section 12(1) substituted by section 24 of  the Tax Administration Laws Amendment Act, 2020 (Act No. 24 of 2020), GG44080, dated 20 January 2021]

 

(2) A senior SARS official may appear in the tax court or a High Court only if the person—
(a) is an advocate duly admitted under—
(i) the Admission of Advocates Act, 1964 (Act No. 74 of 1964); or
(ii) a law providing for the admission of advocates in an area in the Republic which remained in force by virtue of paragraph 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996; or
(b) is an attorney duly admitted and enrolled under—
(i) the Attorneys Act, 1979 (Act No. 53 of 1979); or
(ii) a law providing for the admission of attorneys in an area in the Republic which remained in force by virtue of paragraph 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996.