Gold refiner Juan Meyer, a former business partner of crime boss Radovan Krejcir, claims he is the victim of a R60 million sting operation – launched not from the criminal underworld but from the corporate offices of the South African Revenue Service.
Meyer is a colourful character who moves around town surrounded by a posse of bodyguards. He came into the public eye as a result of affidavits he deposed implicating Krejcir in multi-million-rand money-laundering and currency smuggling, as well as the murder of German supercar conversion specialist Uwe Gemballa in February last year.
The affidavits were taken by crusading private investigator Paul O’Sullivan, who is widely credited with being the man who brought down former police chief Jackie Selebi.
Meyer was arrested in Sandton, Joburg in May last year while transporting R20 million in gold, due for shipment to Hong Kong. He claimed in court his arrest was harassment and linked to his falling out with former business partner Krejcir. The case has yet to be finalised.
After his arrest Meyer sought the support of O’Sullivan, giving him an affidavit outlining his business deals with Krejcir as well as a long list of potentially incriminating allegations and evidence purporting to link Krejcir to organised crime in South Africa.
Meyer also fingered police crime intelligence chief, Joey Mabasa, in allegations of wrong-doing.
Mabasa was the last person to speak to strongman George Smith, aka Louka, on the phone after he allegedly gunned down Teazers boss Lolly Jackson last year in Kempton Park. It has been claimed that Smith was an informant for the police.
At the heart of Meyer’s contretemps with Sars lies a series of claims lodged by Meyer for repayment against VAT paid on gold parcels in the 2009/2010 tax year.
As a registered VAT vendor Meyer is entitled to claim back such payments as long as the transaction is verified by the supplier. In all, Meyer claimed VAT returns of R36m.
Responding to queries last week, Sars spokesman Adrian Lackay dismissed Meyer’s claims.
“It is not uncommon for taxpayers to make random allegations against Sars officials when under investigation,” Lackay said.
Sars claims the VAT was never paid, and the invoices were concocted by Meyer to defraud the taxman. Sars claims to have identified fraud in connection with invoices relating to transactions with four suppliers named as Sandton Gold, Northern Sparks Trading (Pty) Ltd and Rustic Stone (Pty) Ltd.
Sars is also understood to be investigating whether the paper trail presented by Meyer was fake and if some of the gold was illegally acquired.
The taxman is refusing to repay the R36m claimed back by Meyer, but, in addition, has imposed a 100 percent penalty on Meyer’s tax bill – leaving him nearly R67m out of pocket.
But Meyer is crying foul. He alleges he has evidence that tax officials have themselves sought to pervert the course of justice.
In an affidavit deposed in October last year, one of his main gold suppliers alleges Sars officials threatened and intimidated him to testify falsely that he had not received VAT payments from Meyer – when in fact he had.
Weekend Argus spoke to the supplier in question, who reiterated the allegations and said he chased the Sars officials out of his office.
The supplier asked that his name be withheld. According to the Sandton gold dealer, officials from Sars’s Megawatt Park branch visited his premises twice this year. In his affidavit to Meyer’s auditors, he names these officials.
“During these meetings I was intimidated by these gentlemen to the effect that should I not make an affidavit that my company did not issue the tax invoice in dispute, Sars will issue an assessment to the value of R26m against my company, but if I co-operate Sars will reconsider the assessment to be issued.”
He added that “these criminal activities are totally unprofessional and I request Mr Griffin and Mr Klingenberg to stop immediately. I will not make the affidavit they request as it will be false”.
Even before these visits, however, the dealer said in his affidavit he was approached by another Sars official, identified as André van den Bergh. In August last year, the dealer alleges, he was approached by Van den Bergh, who wanted him to sign an already prepared statement. “I did not sign the affidavit as the contents thereof were incorrect and did not fall within my personal knowledge.”
In the meantime, the Pretoria office of Sars has started another investigation into Meyer’s financial affairs, auditing all his books from 2005 to 2009.
Meyer’s auditors have filed an appeal against Sars’s disallowance of his application for his VAT returns to be paid out.
But Lackay denied any wrongdoing on the part of Sars, saying the service has a longstanding history of intolerance towards any form of corruption, bribery and improper or inappropriate conduct by any of its officials.
“Audits follow a specific process in which auditors must record and report on the audit steps they have taken when investigating a taxpayer. Auditors must do so in writing and the audit trail is checked and supervised as part of our efforts to ensure Sars officials conduct themselves ethically. This was done meticulously in the matter that you are enquiring about.
“Sars rejects the claims of intimidation and Sars is confident that the auditors and/or investigators conducted themselves appropriately,” Lackay said. - Sunday Argus