SARS is on the hunt for alleged ‘gold mafia’ member Andries Greyvensteyn’s assets in UAE and US, seeking to recoup about R3bn that the taxman believes is due to the fiscus, Business Day reports.

Greyvensteyn’s movements out of the country have been restricted with his business, called Gold Kid, now under curatorship after SARS found it to be fraudulent.

The curator is authorised to dispose of the assets by means of auctions or out-of-hand sales to SARS.

The taxman’s investigations have shown Gold Kid allegedly bought gold Kruger Rands, which don’t have VAT, and then melted them down to sell items as refined unwrought gold, claiming VAT refunds.

Greyvensteyn has so far unsuccessfully tried to have three provisions of the Tax Administration Act declared unconstitutional.

Greyvensteyn said his rights were limited by not being able to travel outside SA and to earn a living, an argument the Gauteng High Court (Pretoria) dismissed last month in a landmark case that strengthened SARS’ ability to pursue tax dodgers.

‘Given the allegations of fraudulent trade on the part of the fourth respondent (Gold Kid), seizure of the applicant’s (Greyvensteyn) foreign assets and a limit on his trade and ability to travel seems appropriate, acting Judge Waheeda Amien said.

SARS Commissioner Edward Kieswetter said Amien’s judgment reaffirmed SARS’ ‘legal authority to discharge its work of collecting all revenue due to the state in an efficient and effective manner. Importantly, was the court’s reiteration that the provisions that allow SARS to determine third-party liability, repatriation of foreign assets and restrictions of travel are lawful and constitutional’.

Full Business Day report