Statement by CIC Julius Malema in response to SARS media statement following events of 1 June 2015
2 June 2015
It is with alarm and concern that I read the media statement of SARS dated 2 June 2015 regarding the withdrawal of the sequestration application against myself. The statement is wrong and misleading in a number of respects. I am compelled to publically denounce the statement and to indicate what steps I will take to rectify the misrepresentations contained in it.
In order to understand the misrepresentations I have to explain what the actual disputes between myself and SARS were that were dealt with in court yesterday.
In January 2013 SARS applied for my provisional sequestration. This is the matter that was heard yesterday. It is a requirement for a sequestration that the applicant (SARS) is a creditor of the respondent. SARS intended to prove this requirement by relying on assessments that it issued concerning the 2005 to 2011 tax years. During May 2014 I entered into an agreement of compromise with SARS concerning those tax years. I paid each and every cent of the compromised debt. The effect of this was that I owed nothing relating to the 2005 to 2011 tax years and that SARS could not sequestrate my estate.
However, after I had paid the whole debt, SARS decided to unilaterally withdraw from the compromise, keep the money that I had paid and hold me liable for the original assessments. SARS delivered a further affidavit in the pending sequestration application alleging that the compromise is void. SARS applied for my sequestration on the basis of that affidavit. I denied on oath that I had not complied with the compromise agreement or that SARS had any right to overturn the compromise agreement and I opposed the sequestration application on this basis.