The National Prosecuting Authority (NPA) has been given the go-ahead to seize assets worth millions of rands from a businessmen facing cigarette smuggling, fraud and racketeering charges.
NPA spokesperson Lucinda Moonieya said on Wednesday the case against Hendrik Delport and 12 others was ”one of the biggest asset-forfeiture orders ever obtained in South Africa”.
The Pretoria High Court order was in respect of assets worth R370-million, she said.
”The order is being executed today [Wednesday] and the AFU [Asset Forfeiture Unit] estimates that assets worth R100-million or more will be found,” she said.
Delport is the owner of an aviation company, Phoebus Apollo Aviation, and undertakes cargo flights to neighbouring states from South Africa. He also owns a flight school and a cigarette factory, Exclusive Tobacco Products, read the NPA statement.
”During 2000, the South African Revenue Service [Sars] conducted an audit on the various business entities associated with Mr Delport and his co-accused to verify the exportation documents for cigarettes to various countries.
”The investigation also required cooperation from law enforcement agencies from Angola, Zimbabwe and Malawi.”
The NPA said the Sars’s contention in the subsequent criminal trial against Delport and his co-accused was that they had submitted false documents to claim VAT and excise duties.
”Sars further contends that fraudulent claims for VAT and excise duties amounts to a potential loss to the fiscus of approximately R264-million.”
The criminal trial against Delport and others has already entered its second year. About 26 witnesses have already testified in the Pretoria Regional Court.
Among the accused is Hendrik Gerhardus van der Merwe, a former Sars employee. – Sapa