147.    Procedure for settlement

 

(1)     A person participating in a ‘settlement’ procedure must disclose all relevant facts during the discussion phase of the process of ‘settling’ a ‘dispute’.

 

(2)     A ‘settlement’ is conditional upon full disclosure of material facts known to the person concerned at the time of ‘settlement’.

 

(3)     A dispute ‘settled’ in whole or in part must be evidenced by an agreement in writing between the parties in the prescribed format and must include details on-

 

(a)     how each particular issue is ‘settled’;

 

(b)     relevant undertakings by the parties;

 

(c)     treatment of the issue in future years;

 

(d)     withdrawal of objections and appeals; and

 

(e)     arrangements for payment.

 

(4)     The agreement must be signed by a senior SARS official.

 

(5)     SARS must, if the ‘dispute’ is not ultimately ‘settled’, explain to the person concerned the further rights of objection and appeal.

 

(6)     The agreement and terms of a ‘settlement’ agreement must remain confidential, unless their disclosure is authorised by law or SARS and the person concerned agree otherwise.