Commissioner for the South African Revenue Services v Esibonga Investment (Pty) Ltd and Others (16177/21)
Commissioner for the South African Revenue Services v Esibonga Investment (Pty) Ltd and Others (16177/21) [2022] ZAWCHC 144 (29 July 2022)
The court found that SARS had established a reasonable basis for the preservation order under section 163 of the Tax Administration Act. The respondents failed to provide a satisfactory explanation for the funds paid by Esibonga on their behalf and did not rebut the money laundering allegations. The provisional order was limited to the specified property, Unit 13, Fourway Crest, as set out in Schedule A. The appointment of a curator bonis was necessary to secure the property and facilitate investigation into the transactions. The respondents' arguments that the order was excessive and without…
Source excerpt
- Tax Preservation Order
- Curatorship
- Money Laundering Allegations
- Rule Nisi Confirmation
- Asset Freezing