22 March 2007
The Pretoria High Court today dismissed with costs an application by Mr
Hendrik Delport to have an asset forfeiture order overturned that was executed
on 28 February 2007 by the Asset Forfeiture Unit (AFU) of the National
Prosecuting Authority and the South African Revenue Service (SARS).
Mr Delport and 12 other individuals face more than 7 000 charges relating to
cigarette smuggling, fraud and racketeering. SARS' contention is that documents
submitted by the entities were false in order to fraudulently claim Value Added
Tax (VAT) and excise duties from SARS. SARS further contends that fraudulent
claims for VAT and excise duties amounts to a potential loss to the fiscus of
approximately R264 million.
On 28 February this year, assets listed in Mr. Delport's name, the names of
his co-accused and/or associated business entities, including 10 light aircraft
at Rand Airport, a large number of vehicles and a number of properties. The
seizure was one of the biggest executed by the AFU.
In reaction, Mr Delport this week approached the Pretoria High Court to set
aside the forfeiture order. Counsel for the Mr Delport unsuccessfully attempted
to convince the court that affidavits presented by SARS in the criminal trial
were based on hearsay and was a distortion of fact.
Judge van der Merwe, however, dismissed Mr Delport's application.
SARS welcomes the decision of the court. The criminal trial against Mr
Delport and his co-accused resumes on 16 April 2007.
Enquiries:
Adrian Lackay
SARS Communications
Tel: (012) 422 4206
Cell: 083 388 2580
Issued by: South African Revenue Service
22 March 2007
