SARS dispute escalates with R2bn claims
SARS has brought a vexatious litigant application in the Western Cape High Court with the intention of silencing Cape Town businessman Gary van der Merwe, and – says Business Report – put an end to his attempts to expose what he claims to be fraud and corruption by the revenue service, their lawyers and others linked to them.
In 2013, SARS made an application in the High Court to preserve assets owned by Van der Merwe and his daughter Candice.
SARS proceeded to sue Van der Merwe and Candice for R291m in what they alleged to be outstanding tax. However, it withdrew its claim against Candice after it received some R44m following an additional tax assessment against her.
Candice and her father are fighting to get SARS to repay the R44m, which she says was made in terms of the ‘pay now, argue later’ rule in March 2016.
They are also claiming the interest on the R44m, which is presently about R16m. Van der Merwe claims the latest application from SARS threatens to deprive him of his right to access the courts, claim his damages and to hold SARS to account.
The report says Van der Merwe and his daughter have also sued SARS for R1bn each in constitutional damages in summonses served on SARS at the beginning of 2019, claiming that SARS had violated the Constitution in pursuing them when they knew there was no case against either of them as far back as 2013.
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