SARSBusinessLive reports that the auditor-general has found that the SA Revenue Service (SARS) has failed to comply with legislation by unlawfully paying bonuses to staff without the approval of the Finance Minister.  

The conclusion is contained in the long-delayed SARS annual report, which will be tabled in Parliament on Thursday.  In the 2016-17 financial year SARS paid R561m in performance bonuses relating to the 2015-16 financial year, of which R3m was paid to members of the executive committee.  The report reads:  "Performance bonuses relating to the 2015-16 financial year were paid in the 2016-17 financial year and SARS could not provide evidence that an approval was obtained, as specified in the bonus approval framework, from the minister prior to payment being effected to employees who fall within the management structure."  SARS said that to put legal opinion beyond interpretative doubt, it was seeking a declaratory order from the High Court in Pretoria on the powers of the commissioner to pay performance bonuses.


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