
Whistle-Blowing for Reward – Friend or Foe? Exploring a Possible Tax Whistle-Blowing Programme in South Africa
Author(s) -
Monray Marsellus Botha,
Carika Fritz
Publication year - 2019
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v40i3.11192
Subject(s) - taxpayer , misconduct , enforcement , tax evasion , revenue , business , evasion (ethics) , whistle blowing , law and economics , economics , political science , accounting , public economics , public relations , law , immune system , immunology , biology
Tax evasion poses a serious threat to revenue collection. One way of obtaining information on taxpayers who fail to disclose certain sources of income for tax purposes is to use whistle-blowers. This article first considers whether the existing general regulatory framework pertaining to whistle-blowing in South Africa protects a whistle-blower from possible reprisals. Thereafter, whether an “evading” taxpayer’s right of access to information and to administrative justice may play a role in exposing a whistle-blower’s identity is reflected upon, as this may deter a person from blowing the whistle. The article further considers the contentious issue of whether a monetary or financial reward should be provided for tax whistle-blowers where previously undisclosed information regarding a taxpayer’s non-compliance is brought to light, and whether this would be in line with the existing general regulatory framework governing whistle-blowing. Finally, it is recommended that regulators in South Africa implement a whistle-blowing programme designed to reveal information about substantial misconduct, not only in financial markets, but also in matters regarding tax evasion; this would include a reward for the whistle-blower in the event of successful enforcement action.