BY: JUBILANT CHEYEZA BALOYI
A 41 year old celebrity chef Lusizo Mvula Henna was handed a 10 year sentence on Monday by magistrate Phindi Keswa at the Commercial crimes court in Palm Ridge after he defrauded the tax authorities of more than R5 million.
Henna, who has been a chef since 2003, was convicted on six counts of fraud and sentenced to six years of imprisonment on 14 counts of money-laundering. Keswa said the money, fraudulently paid to henna, could have been used to improve the country’s infrastructure.
“These funds are intended for the public, and the impact goes beyond financial losses,” Keswa said.
According to the spokesperson for the National Prosecuting Authority (NPA), Phindi Mjonondwane said Keswa found that Henna, as owner of Blaque Olive Chefs, claimed undue value added tax (VAT) refunds totalling R5.3 million, of which the South African Revenue 96Service (SARS) paid out R3.1 million to Henna.
“There were no trading activities in Blaque Olive’s bank accounts resembling these claims, said Mjonondwane.
“The court found that these claims were solely submitted to defraud SARS. After receiving R3.1 million in his bank account, Henna laundered the R3.1 million in the 14 days by transferring the proceeds of the scheme to relatives, friends, and other related to him,” Mjonondwane added.
The evidence that was inconvenience was presented on behalf of SARS, providing damages to the fiscus as a result of schemes such as these. Advocate Marius Oosthuizen submitted the only direct imprisonment would appropriate as crimes against fiscus have detrimental impact on the government’s ability to render services.
He also said it was important for government to send important message to the looters of the fiscus and they should be treated harshly. Mjonondwane also expressed that NPA applauds the commitment of Oosthuizen and investigation team for holding Henna accountable for his action.
