Durban – The Durban Supreme Court on Wednesday granted a new conservator to preserve the seized property of Durban's multimillionaire couple Shauwn and Sbu Mpisane, despite Shauwn's alleged attempts to delay the process.
Judge Jacqui Henriques, who granted the order, said it would give reasons for the decision at a later time.
Cloete Murray will now take over the curation of Mpisane's assets. Last week he was appointed liquidator of the facility management company African Global Operations, formerly Bosasa, which has been associated with several acts of fraud and corruption through the Commission of Inquiry into State Catch.
While Sisha Mpisane did not oppose the matter, Shauwn did. The couple are getting divorced.
Shauwn argued through his legal representative, Shane Dayal, that there was no urgency in appointing a new healer as the dispute between SARS and Strydom and Mudzusi was under way since 2017.
Dayal described Cloete as a "gunslinger" who was incapable of acting independently.
The former curators – Henk Strydom and Tshifhiwa Mudzusi – were trying to abandon their obligation to preserve Mpisane's assets after claiming that the South African Revenue (SARS) owed them more than R400,000.
They were appointed trustees in November 2016 when SARS obtained court orders in the higher courts of Pretoria and Durban to attach the personal and commercial assets of Mpisane. The assets would be used to recover unpaid taxes, now estimated at more than R141 million. Approximately R36 million of this amount are currently in dispute.
Dayal confirmed the dispute, claiming that her client was entitled to a refund for overpaying in PAYE and income tax.
In its founding testimony, Strydom said that the cost of recovering assets located remotely would be about R1.5 million and subsequently in the region of $ 200,000 per month for storage. He said that because of non-payment, the trustees were unable to secure all movable property.
Both Strydom and SARS told the court that the trustees would stop holding the assets on March 1, which would leave the assets vulnerable to being disposed of by the Mpisanes and hamper the investigation of SARS.
SARS did not oppose the matter, saying it welcomed the departure of Strydom and Mudzusi, claiming that the partners had not fulfilled their duties.
The Mpisanes were caught in a dispute with SARS over unpaid taxes dating back to 2008. Its main company, Zikhulise Cleaning Maintenance and Construction (Pty) Ltd., is currently under provisional liquidation while SARS has requested that Shauwn be kidnapped.
The assets of the company and of Mpisane will likely be auctioned by SARS to recover the funds.
African News Agency (ANA)