Judge orders curator to leave Mpisanes' property
Publish date: 15 March 2019
Issue Number: 4659
Diary: Legalbrief Today
The curator appointed to take control of the assets of Sbu and Shauwn Mpisane, which are under attachment by SARS, has been forced by court order to leave their properties and remove armed guards he put there to secure assets. Following an urgent application on Wednesday, KZN High Court (Durban) Judge Gregory Kruger also gave Shauwn Mpisane permission to revert to him personally if curator Cloete Murray failed to comply with his order, reports TimesLIVE. The judge warned Murray that he would have to show cause why he should not be found guilty of contempt of court and jailed for six months. SARS is involved in an ongoing dispute over what the Mpisanes and their Zikhulise Group owe the taxman. SARS made two successful court applications; one in Durban and the other in Pretoria, in 2016, in terms of which the assets were to be preserved to cover an alleged debt of R141m. Curators Henk Strydom and Tshifhiwa Mudzusi were tasked with identifying assets but they said they were constantly hampered by the Mpisanes. SARS then withheld payment to them and they insisted that they could no longer do the job. In spite of allegations by Shauwn Mpisane that Murray was nothing more than a 'hired gun' for SARS and would not be objective, in February, Judge Jacqui Henriques granted an order appointing him as curator. Shauwn Mpisane, through her attorney Manogh Maharaj, applied for leave to appeal against this order and claimed that in terms of the Superior Courts Act, the order by Henriques was automatically suspended. In her affidavit, Mpisane said Murray had arrived at her Addison Road, La Lucia, home on 4 March and 'invaded my living space'. He left after intervention by her attorney. But this week he came back with private, armed security guards.