Kieswetter, businessman settle tax feud after a 10-year court battle

JOHANNESBURG – South African Revenue Service (Sars) commissioner Edward Kieswetter welcomed the victory against Gary van der Merwe and various entities he controls after a 10-year court battle which ended up in the Constitutional Court.

The Constitutional Court on February 5 dismissed Van der Merwe’s application for leave to appeal an eviction order requiring him to vacate his home, which is held by Zonnekus Mansion. The court held that the application bore no reasonable prospect of success.

Kieswetter said in a statement: “The Constitutional Court order paved the way for the liquidators of Zonnekus to take control of the last remaining asset of Zonnekus. The sheriff has evicted Van der Merwe from the property and placed it under the control of the liquidators. The liquidators can now sell the remaining property in order to recover the outstanding tax debt.”

Van der Merwe said Kieswetter failed to state that Sars had no involvement in the eviction litigation, which was conducted between a family trust and the liquidators of Zonnekus Mansion.

“Kieswetter is either knowingly dishonest or being lied to by his advisers,” he said.