Alleged smugglers lose application against asset forfeiture

THE HIGH Court has dismissed with costs an application by Hendrik Delport that an asset forfeiture order executed on February 28 by the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority and the South African Revenue Service (Sars) be overturned Delport and 12 other individuals face more than 7 000 charges relating to cigarette smuggling, fraud and racketeering. Sars contends that they submitted false documents in order to fraudulently claim VAT and excise duties from Sars. Their fraudulent claims for VAT and excise duties are estimated
to amount to a potential loss to the fiscus of
R264 million. On February 28, assets listed in Delport’s name, the names of his co-accused and/or associated business entities – including 10 light aircraft at Rand Airport, a large number of vehicles and a number of properties – were seized. Delport unsuccessfully attempted to convince the court that affidavits presented by Sars in the criminal trial were based on hearsay and were a distortion of the facts.