The Economic Freedom Fighters (EFF) leader, Julius Malema is on the news again over what transpired a long time ago. The controversial and outspoken EFF leader has so far enjoyed an interesting political career.
The South African Revenue Service (Sars) has suffered another setback in its legal battles against Malema.
Judge Tati Makgoka on Friday dismissed the application by Sars for leave to appeal a 2016 judgment that partly favoured Malema.
Sars wanted the High Court in Pretoria to rule that former judge Mabel Jansen had erred in her ruling that a court should hear oral evidence on Malema’s insistence that the revenue service reached a compromise with him.
In the application Malema brought before court in 2015‚ he argued that Sars had reached a compromise with him to resolve his tax problems and sought an order declaring it binding.
The compromise‚ apparently reached in May 2014‚ would see Malema paying off a part of his tax debt of more than R18.1 million.
But Sars subsequently informed Malema on February 5 2015 that it was not bound to the agreement because he had allegedly failed to make a full and frank disclosure.
But Makgoka agreed with Jansen’s ruling‚ that a court hearing is the best shot to resolve the impasse.
Although he saw no prospects for Sars’ application to succeed in another court‚ Makgoka added that granting an appeal would not lead to a just and prompt resolution of the dispute.
He also ordered Sars to pay legal costs of counsel in the matter. “In all circumstances‚ I conclude that there are no compelling reasons why the appeal should be heard. It is not in the interests of justice to do so.
Malema’s lawyer‚ Tumi Mokoena‚ said they welcomed Makgoka’s ruling. “It means that the process will continue as the judge (Jansen) had directed in the first place‚” he said.
Malema will be expected to testify when the matter is finally heard.