Photo: Twitter screenshot
Photo: Twitter screenshot
In 2020, Hamilton Ndlovu became a multi-millionaire – and he wanted everyone to know about it. He had scored some pretty sweet tender deals with the National Health Laboratory Services, in the advent of COVID-19. Naturally, the flashy businessman splashed his cash, and caught the eye of SARS in the process.
Ndlovu went viral for the photos and videos posted on his Instagram page. They showed the entrepreneur flexing his new-found financial muscle, with a fresh fleet of cars and some other ostentatious goods.
However, it soon became apparent that Hamilton Ndlovu wasn’t playing by the rules. After investigating his tax affairs, SARS officials noticed he had not paid his fair share to the revenue collection service.
After several ugly court battles to ensure the state recovered what it was owed, we’ve ended up here. Hamilton Ndlovu tried to file for leave to appeal the will of the judiciary, but that fell flat on Tuesday. In fact, his application has been dismissed WITH costs, plunging him further into a fiscal quandary.
Thabiso Hamilton Ndlovu's stay application dismissed.
— Special Tribunal South Africa (@TribunalSpecial) December 21, 2021
The application brought by Mr Thabiso Hamilton Ndlovu and Others for the stay of the proceedings in the Special Tribunal has been dismissed with costs.
Judge Lebogang Modiba directed in a 17-paged written judgment that
Ndlovu claims he is ‘flat broke’, after his luxury lifestyle was forensically taken apart – but Jude Lebogang Modiba disagrees with this summary. There is still R50 million yet to be accounted for after the initial spending splurge – R15 million of which was allegedly withdrawn from ATM machines.
“In the absence of full disclosure of the applicants’ financial means, including assistance from independent third-party sources and the R50 million referred to above I am not satisfied that the applicants have prospects of success in establishing that they will suffer hardships as envisaged in Section 163 (9) of the Tax Administration Act.”
“It is ironic that the applicants may be employing legal fees of interlocutory applications in the circumstances where they alleged there are no funds or rather limited funds. They did not take the Special Tribunal into confidence as to how they are financing the stay application and how they intend funding the variation application.”
Judge Modiba