A second accused, Kyle Nadasen representing Kyle Nadasen CC, was convicted of fraud, forgery and uttering.
He was sentenced to six years imprisonment, wholly suspended for five years, on condition that the accused is not convicted under section four of the Prevention of Organised Crime Act (POCA), during the period of suspension.
The third accused, Miloni Chetty, a sole member of ILONIM General Traders, was acquitted on all charges.
The court heard that the accused submitted fictitious invoices for the purpose of receiving an undue VAT refund.
The commissioner of the South African Revenue Service (SARS), Edward Kieswetter, welcomed the harsh sentence handed down on the former SARS employee. Bilal Shaik and Kyle Nadasen.
“SARS will not tolerate any criminal conduct by its employees. This is not negotiable, as taxpayers and traders should be able to trust the organisation and its employees to act with integrity. SARS is committed to making it hard and costly for anyone involved in criminal malfeasance on tax matters without fear, favour or prejudice. SARS takes umbrage at some amongst our ranks who engage in criminality. We will root them out,” said the commissioner.
He concluded, “Such criminal conduct tarnishes the reputation of a vital institution of our democracy that relies on voluntary compliance by taxpayers and traders to fulfil its mandate of collecting revenue that can be used for the benefit of all South Africans, especially the poor and vulnerable.”