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SARS may sell MaMkhize-linked properties worth up to R35m, court rules

The Durban High Court has authorized the South African Revenue Service (SARS) to sell five properties in Sandown, Johannesburg, linked to businesswoman Shauwn “MaMkhize” Mkhize. In her ruling, Judge Jacqueline Henriques stated that “paying tax is not a punishment, it is a responsibility,” noting that the deteriorating state of the estates and the high costs associated with maintaining them necessitated urgent intervention. The court found that the properties, which function as a single compound, were costing SARS nearly R200,000 per month in security fees alone. Additional financial burdens included R97,922 in biannual insurance premiums and R1.79 million in outstanding municipal charges. A valuer reported that the properties were suffering from damp damage and poor maintenance, and the City of Johannesburg had issued a contravention notice regarding unauthorized building improvements. The five properties have a combined market value of R35 million, with a forced-sale value of R24.5 million. Four are registered to Yaron Peretz, while the fifth is held by 22 Aston Investment (Pty) Ltd. Judge Henriques ruled that the proceeds from the sale must be held in a trust account until a separate legal action determines the rightful entitlement to the funds. SARS has been given one month to institute that action. Mkhize faces significant tax liabilities, including R13.3 million in personal income tax and personal liability for R112.5 million owed by the Zikhulise Group, where she serves as a trustee and beneficiary. SARS has previously recovered R6.1 million through the auction of her movable assets, including vehicles and designer goods. In her judgment, Henriques dismissed objections from Mkhize and her son, Andile Mpisane, who argued that the application lacked urgency and would deprive them of their primary residence. The judge noted that Mpisane’s own court filings listed a La Lucia property as his address, and that Mkhize has access to at least seven other properties. The court rejected the argument that the sale was premature, finding that the financial and commercial circumstances justified urgent action. Furthermore, the judge concluded that SARS had established a sufficient basis to suggest Mkhize is the beneficial owner of the properties, citing evidence that she and the Zikhulise Group paid the majority of the purchase price and that negotiations were conducted through her. Mkhize, Mpisane, and the associated investment entities were ordered to pay the costs of the application.

Article source: The Independent Online | Image credit: The Independent Online

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News Desk is the editorial publishing account for Tringlobe Media News, covering breaking news, public affairs, entertainment, community developments and regional stories across Trinidad and Tobago, the Caribbean and internationally.

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