Sars was not fair, says Mpisane lawyer

2012-11-06 21:13

Durban - Sars handled the tax assessments of businesswoman Shauwn Mpisane unfairly, the Durban Regional Court heard on Tuesday.

Jimmy Howse, for Mpisane, said the SA Revenue Service did not formally inform Mpisane that she owed it R13m.

Mabongi Flora-Junior "Shauwn" Mpisane is accused of inflating invoices by more than R5m to cut her tax bill.

She is also accused of violating the Close Corporations Act by remaining the sole member of Zikhulise Cleaning, Maintenance and Transport CC when she had a previous fraud conviction. She has pleaded not guilty.

In 2008 Mpisane's company recorded turnover of R120m, with a profit of R73.7m.

In March 2009, she met Sars officials regarding her tax bill.

Howse cross-examined Sars group executive Mashudu Johannes Makwakwa and said Mpisane had no legal representation when she met tax officials.

"You did not follow this meeting with other hand-written documents. No minutes from the meeting were kept?" Howse asked.

Makwakwa agreed there was no formal communication, but said Mpisane had been made aware that she had to pay R13m or file an objection.

Howse said Mpisane paid R20m she owed to Sars by February 2010. Makwakwa said he was only aware of a payment of R3m.

Howse said Sars only demanded the R13m after Mpisane paid the R20m.

He said Mpisane filed an objection to her tax assessment. Waheeda Osman, a Sars auditor in Durban, rejected this.

Howse said Osman gave Mpisane's confidential information to police to investigate.

The trial continues.

  • boitumelo.tauetsile - 2012-11-06 21:37

    That's SARS for you apparently m owning them nd the money is for Subsidised Car Kilometres of which I don't have subsidised car.

      art5SA - 2012-11-07 06:57

      You STEAL.... you GET CAUGHT.... You GO TO JAIL... SIMPLE as that!!! WHat's with the long drawn out case... trying over and over to conceal her THIEVERY??? Lock her up,.... and take away her tenders...

  • peet.dames - 2012-11-06 21:47

    She is a fraud her GP on the business is telling the story now she is the news because she is a women and found guilty of fraud and once again like all the others been treated unfairly because they were disadvantaged. You can not shame most of the rags to riches people because they do not care they cannot create opportunities they stealing from the rich as long as they can because of the new political agenda of help your self, liberation before education this is South Africa new logo

      melusi.myaluza - 2012-11-07 01:51

      I hope u not as dumb as your comment!

      bless.boswell - 2012-11-07 08:37

      I'm glad you stopped at least once to catch your breath!

      malcolm.stevens.129 - 2012-11-07 09:17


  • david.davids.5070276 - 2012-11-06 21:56

    Wow, 61.4% profit in one year - no wonder SARS is investigating. Any business that can generate such profit from cleaning, maintenance and transport is crooked to the core. I own a transport co, and if you see more than 15% profit you are lucky.

      scouter.fourone - 2012-11-07 00:23

      Exactly what I was thinking - bet the whole operation is based on fraudulent paper transactions with no services in reality, having been provided. Just a wild guess.

      art5SA - 2012-11-07 06:58

      INFLATED PRICES... thats how the CADRE'S get SUPER RICH!!!!!

      pws69 - 2012-11-07 07:34

      It seems her primary business was RDP houses, and her mother used to be on the eThikweni council. You join the dots.

  • lynne.barker.7 - 2012-11-07 05:32

    Oh shame Oh shame - has SARS found her out finally. Pay up like everyone else has to

  • pws69 - 2012-11-07 06:45

    "In 2008 Mpisane's company recorded turnover of R120m, with a profit of R73.7m." This off RDP house construction. The most profitable JSE listed companies as a percentage of Turnover are SASOL at 17% and Vodacom and MTN at 15.8% and 15.2% respectively. Mpisane makes 60% Tenderpreneurship sure is lucrative, and it doesn't matter how rubbish your product is (these Mpisane RDP houses are falling down already).

  • danie.smit.587 - 2012-11-07 07:25

    Another one robbing the Zulu's?

  • sisie.indola - 2012-11-07 07:46

    If she is the sole owner of the company - what is her BBEEE status, and isn't it a case that if she has no partners and BBEEE status then why is she getting government tenders? or am i wrong in this...oh sorry she meets one criteria ............

  • Yandisa Rwaai - 2012-11-07 09:14

    These freaken whites already prosecuted the lady ... similar thing has happened to me Sars can easily say you owe them R10mill without proper justifications!!!

  • malcolm.stevens.129 - 2012-11-07 09:21

    Guilty of inflating her prices in her tender to get rich quick. Guilty of being awarded tenders because of her mother's influence. Guilty of creating fictitious invoices. Guilty of not paying SARS their dues. Guilty of milking the public and stealing from the common man. Guilty of being part of a corrupt Government tender system. Guilty of nepotism. Guilty of making a mockery of the justice system. Guilty, guilty, guilty

  • Karabo Phetoane - 2012-11-07 10:20

    how many people have been accused of owing Sars huge amounts and intern it was found they were owing far less than the money that is claimed?The lady is innocent until prove otherwise,I so wonder if she was white what kind of comments could have been posted.

  • jacqui.daanevanrensburg - 2012-11-07 10:33

    Geez SARS how can you not be fair to people? What is a couple of miilion between friends?.

  • Shades - 2012-11-07 10:47

    @ karabo..... You're just another racist peanut! What the f*** has the color of her skin got to do with it moron? Take your inferiority complex back under your rock with you!!!

  • Shades - 2012-11-07 10:51

    SARS's was not fair ...... CRY ME A RIVER FOOL!!! You're a thief whether its a penny or a pound, you're a thief so be done with you - go to jail and sit with all your other thieving, rapist chommies!!

  • Karabo Phetoane - 2012-11-07 12:06

    @Shades I was not breast fed with racist milk

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