News / Africa
Edward Kieswetter charged over 'fake' judgment
2 hrs ago |
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Former Passenger Rail Agency of South Africa (PRASA) CEO Lucky Montana has taken the extraordinary step of laying criminal charges against the South African Revenue Service (SARS) commissioner, Edward Kieswetter, accusing him and other SARS officials of fraudulently doctoring a fake court judgment to justify a hefty tax bill.
Montana, who is also a member of the uMkhonto weSizwe Party (MKP) in Parliament, formally opened the case at the Brooklyn Police Station in Pretoria on Monday. He alleges that SARS fabricated a court order to justify a tax debt he disputes.
Speaking to IOL outside the police station, Montana outlined the origins of the dispute and the reasons for pursuing legal action against SARS.
"I'm here to open a case of fraud against the commissioner of SARS, Mr Edward Kieswetter, as well as some of the officials in SARS," Montana said.
"For the past five years, I have been repeatedly engaged with SARS regarding my tax affairs and have been in and out of court dealing with this. Recently, I discovered that SARS claims I owe them over R55 million, including interest and penalties, up from an initial R44 million."
Montana claims the escalation stems from a "judgment" dated 11 August 2022, which SARS has used to justify striking his and his family's assets, but which he insists does not exist.
"When I went to apply for rescission, I discovered there was no actual court judgment on record," Montana explained.
"There was never a court or a judge's decision authorising this huge amount. SARS stated as if a judgment existed. In doing so, they committed the biggest fraud of all time."
He added, "We requested documentation of this so-called judgment, but could not obtain any. The case numbers referenced are inconsistent and don't match any court records.
"It is a severe matter when a state organ, meant to protect the public, is itself involved in criminality, violating the Criminal Procedure Act and other laws."
Montana also accused SARS of maladministration, abuse of power, and conducting a politically motivated "witch-hunt" against him.
Montana currently faces a tax bill exceeding R55 million, and SARS has initiated sequestration proceedings against him.
The tax authority simultaneously applied to the Gauteng High Court in July to strike out several allegations Montana has made against it.
"I am prepared to take further legal action," Montana stated.
"This matter will expose these abuses and ensure accountability. We will see if SARS can explain which judge signed the judgment and on what date and clarify the conflicting case numbers. Until then, I hold them responsible for this fraudulent activity."
SARS spokesperson Sandile Memela responded to requests for comment, saying that a representative would respond but had not done so by the time of publication.
Montana, who is also a member of the uMkhonto weSizwe Party (MKP) in Parliament, formally opened the case at the Brooklyn Police Station in Pretoria on Monday. He alleges that SARS fabricated a court order to justify a tax debt he disputes.
Speaking to IOL outside the police station, Montana outlined the origins of the dispute and the reasons for pursuing legal action against SARS.
"I'm here to open a case of fraud against the commissioner of SARS, Mr Edward Kieswetter, as well as some of the officials in SARS," Montana said.
"For the past five years, I have been repeatedly engaged with SARS regarding my tax affairs and have been in and out of court dealing with this. Recently, I discovered that SARS claims I owe them over R55 million, including interest and penalties, up from an initial R44 million."
Montana claims the escalation stems from a "judgment" dated 11 August 2022, which SARS has used to justify striking his and his family's assets, but which he insists does not exist.
"When I went to apply for rescission, I discovered there was no actual court judgment on record," Montana explained.
"There was never a court or a judge's decision authorising this huge amount. SARS stated as if a judgment existed. In doing so, they committed the biggest fraud of all time."
He added, "We requested documentation of this so-called judgment, but could not obtain any. The case numbers referenced are inconsistent and don't match any court records.
"It is a severe matter when a state organ, meant to protect the public, is itself involved in criminality, violating the Criminal Procedure Act and other laws."
Montana also accused SARS of maladministration, abuse of power, and conducting a politically motivated "witch-hunt" against him.
Montana currently faces a tax bill exceeding R55 million, and SARS has initiated sequestration proceedings against him.
The tax authority simultaneously applied to the Gauteng High Court in July to strike out several allegations Montana has made against it.
"I am prepared to take further legal action," Montana stated.
"This matter will expose these abuses and ensure accountability. We will see if SARS can explain which judge signed the judgment and on what date and clarify the conflicting case numbers. Until then, I hold them responsible for this fraudulent activity."
SARS spokesperson Sandile Memela responded to requests for comment, saying that a representative would respond but had not done so by the time of publication.
Source - io;
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