Latest action by SARS is clearly vindictive, unethical and smacks of abuse of power by the new clique running SARS – Lucky Montana


By: Lucky Montana

Dear Pieter-Louis Myburg, I do not regard you as a journalist but as a mole for
vested interests. However, I wish to put the following on the record, which I
insist you publish as my response to your question:

“The action by SARS was not unexpected. This has been going on for the
past 2 years.

I owe the taxman an amount of around R1.6 million arising from the sale of
two properties – Capital Gains Tax (“CGT”). SARS had brought this to my attention through my tax advisor. I agreed to settle the amount as soon as I have disposed of another property, which SARS was informed of.

I am fully aware of my obligation to the tax authorities, and the role that this
play in our lives. I have never disputed the amount owed to SARS and have
made a firm commitment to settle this.

However, the latest action by SARS is clearly vindictive, unethical and smacks
of abuse of power by the new clique running SARS. I was never served with
the summons to defend the matter. The Sheriff of the Court arrived at my home this morning with a Warrant of Execution.

This action by SARS is driven by two factors.

Firstly, it is a vindictive action by the SARS Executive, Mr Viwe Mlenzana. He was fired as CEO of Shosholoza Meyl for corruption and irregular conduct during my tenure as Group CEO of PRASA. I was made aware last year that he had abused his position and summonsed certain taxpayers and pressured them to “spill the beans on Montana”. They refused and have been subjected to extreme harassment and repeated audits by SARS.

I wonder if Viwe Mlenzana has disclosed to his boss, the Commissioner of SARS and the ANC faction that brought him to SARS that he was fired from PRASA for fraud and corruption. Let PRASA disclose a file of his disciplinary action. SARS is corrupt to the core. He is bitter and angry, using his position at SARS to settle old scores.

Secondly, SARS has always addressed my tax matters via my tax advisor, and never directly with me. However, on the day that I decided to write to the Zondo Commission (State Capture Commission), they contacted me directly to discuss my tax matters. It was not a coincidence that SARS decided to contact me directly immediately after I stated my intention to testify before the Zondo Commission. The latest action is a clear indication to me that they have also seen my detailed submission to the Zondo Commission,
which indicates the roles of former SARS executives in unlawful activities.

Whilst I have accepted my obligation to SARS and do not wish to change my
commitment to settle the R1.6 mil, the latest action has nothing to do with my
tax status but an attempt to intimidate me. I stated in my Zondo Commission
Statement that SARS is being used to fight dirty political battles by powerful political forces. Unfortunately for them, I am not intimidated. SARS can proceed to attach my assets but will not win the ultimate war.

Pieter-Louis Myburg was already informed by SARS when the Sherrif of the Court were standing at the gate of my home in Saxonwold. This is aimed at embarrassing and intimidating me to abandon my testimony before the Commission. The Zondo Commission itself has tried to “pressurize” me to drop some aspects of my statement. I had refused and withdrew from testifying before the Commission.

This backward tactics and abuse of power will simply not work with me.

I intend to take up this unethical conduct and abuse of power with the Tax Ombudsman, the retired Judge Bernard Ngoepe.”