INDEPENDENT NEWSPAPERS
Shauwn Mpisane with her husband Sbu.
File photo: S’bonelo Ngcobo
Durban – The South African Revenue Service denied on Monday that it was engaged in a “malicious witch-hunt” against businesswoman Shauwn Mpisane, her family and her companies.
Sars said it took its statutory duty “very seriously” and, when it became aware of non-compliance by a taxpayer, it could not disregard that because the taxpayer felt “targeted”.
This was in response to newspaper reports in which Mpisane’s lawyer had expressed “victory” after Sars had withdrawn an application in the Durban High Court in which it had sought to preserve properties in a trust while audits were conducted into the tax affairs of the “Mpisane group of taxpayers”.
Last month Sars obtained a provisional order preserving the assets in the Mkhimpi Family Trust.
Mpisane resisted the application, arguing that Sars was bullying her and contending that the assets of one taxpayer, in this case the trust, could not be seized to satisfy the debts of another.
When the matter came back to court on Friday, Sars did not apply for the order to be confirmed, instead withdrawing the application and tendering Mpisane’s legal costs.
Sars said it constantly reviewed and considered cases.
“The decision in this case will limit future litigation and costs, and allow the legal processes to focus on the core issues at hand.”
Sars said the Mpisane group of taxpayers was not fully tax complaint. “As is the case in any matter where disputes exist between Sars and taxpayers, the invitation stands to engage Sars in good faith and become tax compliant.”
* A trial in which a Durban businessman is accused of fraud relating to the alleged submission of false VAT invoices claiming to be for work for Mpisane’s Zikhulise Cleaning Maintenance and Transport failed to get under way on Monday. The trial was set down for this week, but has been adjourned until Thursday.
David Williamson and his DGW Consulting are accused of 13 counts of fraud, alternatively contraventions of the VAT Act, and one of forgery and uttering
The allegation against Williamson and his close corporation is that they submitted invoices valued at R1.7 million to Sars claiming to have done project management work for Zikhulise which increased its expenditure and reduced its income tax liability.
The State alleges that the invoices are false and, at the time, he was employed by the municipality and therefore could not have done the work.
Williamson is also accused of “accepting a gratification” in that Zikhulise made a “contribution” of about R540 000 towards the purchase of a BMW for him. He did not declare this as income on his tax return.
The Mercury
