A Durban businessman, Ms. Shauwn “MaMkhize” Mkhize, is fighting in every way to prevent the South African Revenue Service (SARS), from selling her homes.
This comes as it is expected that an urgent request from SARS will be heard, as MaMkhize has failed to pay taxes amounting to R40 million.
Yesterday, MaMkhize’s lawyers told the Durban High Court, that SARS’ request to sell the homes, should be removed from the list of cases that will be heard by the court on the point that the matter is not urgent.
SARS has gone to court to seek permission to sell the homes, expressing concern that MaMkhize’s properties are deteriorating and losing power in terms of prices. He pointed out that some of the houses under the supervision of the appointed Treasurer are not maintained and have unpaid taxes, which keep increasing. It was not specified where and where those houses are.
Advocate Sinethemba Ndlovu, who represented MaMkhize and her ex-husband Mr. Sbu Mpisane, accused SARS of failing to adhere to the rules governing emergency applications. Adv Ndlovu stated that the urgent matter is heard three months after the submission of the documents. He went on to say that this request should have been filed immediately.
“It’s been a year and three months if I remember correctly,” he said, stressing that the issue is no longer urgent.
MaMkhize’s lawyers said that the houses that SARS wants to sell are occupied by his clients. However, Judge Jacqueline Henriques asked why this was not explained in the affidavits? He said that there were affidavits written, and he said that none of them revealed this.
Adv Hein Synman SC representing SARS objected to MaMkhize’s lawyers trying to make representations to answer the judge’s questions. He said SARS has a strong case of trafficking which it presented before the court. USynman made the point that turning homes into money will help both sides, MaMkhize’s as well as SARS.
He said that since MaMkhize’s bank accounts are closed, he cannot take care of the households and SARS will not use taxpayers’ money to do this. Synman explained that all the money that will be made from the sale of houses, will be made under the supervision of the SARS Treasury, until the issue of tax payment is finalized.
He also revealed that if MaMkhize comes out ahead in the case, he will get his money back. Henriques also asked an important question, what will be done if MaMkhize says he wants his house, not money?
Responding to Synman, he said that MaMkhize had not officially told the court that there are houses that he does not want to be sold because they are important. To give an example; saying that maybe the house belongs to his mother.
Advocate Coreth Naudé SC, who was shot in 2024, during an investigation into the tax payment of MaMkhize’s son, Andile Mpisane, was also present in court assisting Synman.
The court has reserved its decision on this matter.