Durban — Sbu Mpisane, the estranged husband of a Durban socialite and Premier Soccer League team boss Shauwn Mkhize, has appeared before the tax inquiry to answer questions about the failure of his family trust to comply with tax laws.
The former metro police officer went to the offices of the SA Revenue Service (Sars) in Durban earlier this month in compliance with a summons, which instructed him to bring several financial documents, which might be used as evidence against Sbusha Trust.
The inquiry was held on July 12 after a summons was endorsed by KwaZulu-Natal Judge President Thoba Poyo-Dlwati at the Durban High Court on May 9.
Mpisane was instructed to bring various financial statements pertaining to the case. The summons listed at least 25 documents of interest to the inquiry.
However, it did not mention how much the trust, which seemed to have been named after the first three letters of his and his estranged wife’s first names, might be owing Sars in unpaid taxes.
On top of the list were financial documents he signed in his capacity as the trustee, share certificates reflecting shareholding, annual and periodical statements of the trust, the beneficial owners of the trust he disclosed to the Master of the High Court, and written agreements he entered with any taxpayer on behalf of the trust.
Mpisane said he complied with the summons by appearing at the inquiry, which was held in uMhlanga, north of Durban.
“I received the summons and I complied by going to uMhlanga and everything went smoothly. My part was done.
“I don’t know anything about the trust, as it is something that was introduced while I and the wife were already separated.
“Remember we got separated in 2018, so I have no knowledge of it,” said Mpisane.
He said he could not answer further questions from the Sunday Tribune as the trust matter was still under investigation.
“I don’t want to repeat answers to the questions I was asked at the inquiry as you see that the situation is volatile.
“I only heard about Sbusha Trust at the inquiry. (Although) I am listed as the trustee, I have no knowledge of the trust, full stop,” he said.
Mpisane also revealed that he and Mkhize would be at the Durban High Court on August 26, “so there is no way there can be reconciliation”.
Mkhize did not answer her phone and also did not respond to questions sent to her on Saturday afternoon.
When approached about Mpisane’s appearance at the inquiry, Sars spokesperson Siphithi Sibeko declined to comment.
“I am precluded by the law from commenting on taxpayers’ information,” said Sibeko.
According to documents which form part of the summons, Mpisane is listed as a suspect in terms of the Tax Administration Act 28 of 2011 by “failure to annually submit an income tax return or to submit VAT returns to Sars between May 2017 to date; 2017 to 2021 and 2023 years of assessment”.
He is alleged to have also failed to register or notify Sars of a change in registered particulars, as required during VAT periods 2017 to May 16, 2023.
His wife, the owner of Royal AM FC, which is based in Pietermaritzburg, and which enjoys R27 million in sponsorship from Msunduzi Municipality, has also been listed as a suspected tax offender. Zikhulise Group, which according to its website was co-owned by Mpisane and Mkhize, was also a suspect.
Sars was investigating the possible disposal, removal or concealment of assets, “which may have been fully or partly used to satisfy the outstanding tax debts”.
The revenue service was also examining “witnesses who can reveal relevant material as defined in section 1 of the Tax Administration Act, which may provide proof of the alleged non-compliances, offences or disposal of removable assets or concealment of the assets”.
“There are reasonable grounds to believe that each of the Schedule A taxpayers has: Failed to comply with an obligation imposed under a tax act, or committed a tax offence; or disposed of, removed or concealed assets, which may fully or partly satisfy an outstanding tax debt.
“Relevant material is likely to be revealed during the tax inquiry which may provide proof of the failure to comply,” read the summons.
Sunday Tribune