On 12 July 2013, Ivan Pillay, who then held the position of deputy SARS Commissioner, was appointed by Finance Minister Pravin Gordhan as acting commissioner in terms of the South African Revenue Service Act.
However, the SARS Act does limit the acting appointment to a period of 90 days. While the vacancy of full-time SARS commissioner was widely advertised in September, the appointment of the SARS commissioner is the sole prerogative of the president of South Africa. Previously, the minister of finance enjoyed the privilege to make the full-time appointment of commissioner of SARS.
However, chief executive of the SA Institute of Tax Practitioners, Stiaan Klue, explains that the SARS Act merely states that no SARS employee may be designated as acting commissioner for a period longer than 90 days at a time. "This means that we may either see President Zuma announcing a commissioner or the minister of finance may appoint an acting commissioner for another period of 90 days," says Stiaan Klue, chief executive of the South African Institute of Tax Practitioners (Sait).
Minister Gordhan is scheduled to deliver his mid-term budget in two weeks. At the time of the resignation of Magashula, Gordhan stressed that SARS is one of the key pillars of South Africa's fiscal order, and therefore our democratic dispensation. "It is an institution whose very foundations are built on the trust and credibility that South African taxpayers have in it."
The person appointed as the commissioner holds office for an agreed term not exceeding five years, but which is renewable. "The public should be patient and allow the president to apply his mind and to consult widely before he announces the official appointment to this important office," advises Klue.
