Shauwn ‘MaMkhize’ Mkhize is fighting to prevent the South African Revenue Service (SARS) from selling her properties to recover an alleged R40 million tax debt. The Durban businesswoman’s legal team argued in the Durban High Court that SARS’s urgent application to sell the properties should be struck off the roll due to a lack of urgency.
The case centres around Mkhize’s alleged failure to pay approximately R40 million in taxes, with SARS seeking to sell her properties to recover the debt. SARS approached the High Court seeking an order to sell the properties, citing concerns that the assets are deteriorating and losing value.
SARS Concerns Over Property Maintenance
The revenue service noted that some properties under their appointed curatorship are not well-maintained and are accumulating unpaid levies. According to SARS, the properties in question are not being properly maintained, resulting in a decline in their value.
Advocate Sinethemba Ndlovu, representing Mkhize and her ex-husband Sbu Mpisane, accused SARS of failing to adhere to the rules governing urgent applications, specifically by not seeking an earlier date from the Judge President. Ndlovu pointed out that the urgent matter was only heard three months after the papers were initially filed.
Primary Residences in Dispute
Mkhize’s counsel also claimed that the properties SARS sought to sell were the primary residences of her clients. However, Judge Jacqueline Henriques questioned this claim, asking why it was not explicitly stated in the affidavits. She noted that four affidavits had been filed, yet none confirmed the properties in question were primary residences, especially since other properties had been listed as such.
Some key points in the case include:
- SARS is seeking to sell Mkhize’s properties to recover an alleged R40 million tax debt.
- Mkhize’s legal team argues that SARS’s urgent application should be struck off the roll due to a lack of urgency.
- The properties in question are not being properly maintained, resulting in a decline in their value.
As the case continues, it remains to be seen whether Mkhize will be able to prevent SARS from selling her properties. For more information on tax debt and SARS procedures, visit the South African Government website.
