After trial that lasted 14 years, tax fraud accused gets 15 year jail term

06 June 2024 - 18:59 By TimesLIVE
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The court found that the supporting documents that Suhayle Ballim submitted to Sars for VAT refund claims for his business, SHL Wholesalers, were fraudulent. Stock image.
The court found that the supporting documents that Suhayle Ballim submitted to Sars for VAT refund claims for his business, SHL Wholesalers, were fraudulent. Stock image.
Image: 123rf.com

The Johannesburg magistrate’s court has sentenced Suhayle Ballim to 15 years’ imprisonment for defrauding the South African Revenue Service (Sars). 

“The trial lasted 14 years due to tactical delays employed by Ballim,” National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said in a statement. 

The court found that Ballim, 50, used his business, SHL Wholesalers, as a conduit between February 2004 and April 2007 by submitting fraudulent VAT refund claims worth R16m to the South African Revenue Service (Sars). The court found that the supporting documents Ballim submitted to Sars were fraudulent.  

“They purported to show exports, qualifying SHL Wholesalers to claim input tax from Sars, whilst they were merely a paper trail created and no goods were exported,” Mjonondwane said. 

After Ballim was convicted on May 9 2022 on 39 counts of fraud, he frustrated the finalisation of the matter with many applications for postponements.  

“The matter was finally postponed for the sentence to June 4.”

On Tuesday, Ballim brought an application for the recusal of the magistrate and this was dismissed.

His legal team then sought another postponement arguing that they were not prepared for sentencing. The court dismissed the application for a postponement and ordered that the sentencing proceedings continue. 

His legal team then withdrew and Ballim submitted facts for consideration by the court when imposing a sentence. 

The NPA submitted that the legally prescribed minimum sentence of 15 years ought to be imposed since the scheme operated by Ballim covered four years and was well-planned.  

The court remarked that tax-related offences were serious, harmful to the economy and prevalent.  

The court also found Ballim showed no remorse and never intended to repay Sars. 

TimesLIVE 


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