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South Africa Case Law

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Civil Procedure [2023] ZAST 3

Special Investigating Unit v Moyo and Another (GP/09/2022)

Special Investigating Unit v Moyo and Another (GP/09/2022) [2023] ZAST 3 (2 February 2023)

Court
Special Tribunal
Case number
GP/09/2022
Judge
JP Daffue

The Tribunal found that Ms Moyo failed to cast serious doubt upon the SIU’s factual averments and did not meaningfully engage with the evidence presented. The SIU established a prima facie right to the preservation of pension benefits, supported by detailed evidence of the flow of funds and the involvement of entities linked to Ms Moyo. The Tribunal was satisfied that there was a well-grounded apprehension of irreparable harm if the interim order was set aside, as Ms Moyo could dispose of her pension benefits, rendering any future judgment hollow. The balance of convenience favoured the SIU,…

Source excerpt

  • Interim Interdict
  • Reconsideration Of Ex Parte Order
  • Preservation Of Pension Benefits
  • Prima Facie Right
  • Money Laundering Allegations
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Tax Law [2022] ZAWCHC 144

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)

Court
Western Cape High Court, Cape Town
Case number
16177/21
Judge
Thulare

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.