Tax justice tribunal ready for business

Malawi’s first-ever tax justice tribunal members are getting ready to begin working four months after being sworn in.

The Revenue Appeals Tribunal panellists took the oath of office in May, but their induction only started yesterday in Thyolo District.

Deputy Chief Justice Lovemore Chikopa opened the three-day training with a call to impartiality and professionalism when deciding tax cases.

Tribunal chairperson Joster Chisale said the taxpayers’ court planned to hold the mandatory training two months ago, but cited logistical challenges for the delay.

The panellists are learning the dos and don’ts amid piling tax disputes worth over K12 billion, he indicated.

“Over the past year, there was a time we had 11 cases with about K12 billion at stake. Presently, we have 25 to 35 cases, so the total revenue involved should be higher because we deal with large taxpayers,” said Chisale.

The Revenue Appeals Tribunal Act of 2021 gives the tribunal 60 days to determine taxpayers’ complaints against the Malawi Revenue Authority (MRA) commissioner-general’s final decisions.

“This means MRA is no longer the judge and the prosecutor,” Chisale stated. “It comprises men of integrity. I hope this will boost taxpayer’s confidence and voluntary tax compliance.”

The independent quasi-judicial body comprises the chairperson, deputy chairperson and at least 12 panellists appointed by the minister responsible for Finance.

However, Minister of Finance, Economic Planning and Decentralisation Joseph Mwanamvekha has only named nine men to take turns on its panels.

This leaves three seats vacant four months after the all-male panel took the oath.

It also fails the test prescribed by the Gender Equality Act, which requires either men or women to take 40 to 60 percent of public jobs.

The gender gap persists despite Chisale’s earlier indications that the minister would likely fill the vacancies with women.

When asked about the vacancies on Monday, he stated: “The law prescribes at least 12 panellists for the whole tribunal. However, to hear a case, it only requires the chairperson and two panellists with the relevant professional background.”

The panel has replaced magistrates who used to take months or years to determine tax matters.

Panellist Daniel Jere said the training was important to widen tribunal members’ skills, knowledge and competencies.

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