- SARS has been authorised to sell five properties in Sandown, Johannesburg, that are linked to businesswoman Shauwn Mkhize.
- Mkhize’s personal tax debt, together with her liability for Zikhulise Group’s tax debt, is around R125.9 million.
- The proceeds from the sale must be kept in an interest-bearing trust account while SARS follows a separate process to determine if they can be used to settle the tax debts.
The High Court in Durban has given the South African Revenue Service the go-ahead to sell five properties in Sandown, Johannesburg, linked to businesswoman Shauwn Mkhize as it seeks to recover about R125.9 million in unpaid tax debts.
Judge J Henriques granted the order on 26 October 2026. This allows curator bonis Willem Jacobus Venter to sell the properties and keep the proceeds in an interest-bearing trust account until further legal proceedings take place.
The Commissioner for SARS brought the application against Mkhize, her son Andile Mpisane, several companies, and others with interests connected to the properties. Four properties at 56 Adrianne Street are registered to Israeli businessman Yaron Peretz. The fifth property, at 22 Aston Street, is registered to 22 Aston Investments (Pty) Ltd.
SARS asked the court for permission to sell the properties because their upkeep was becoming more expensive, and their condition was getting worse while they were under preservation.
The parties involved
The application was brought by the Commissioner for the South African Revenue Service against Mkhize, her son Andile Mpisane, 22 Aston Investments (Pty) Ltd, Zikhulise Group (Pty) Ltd, businessman Yaron Peretz, 56 Adrianne Street (Pty) Ltd, Obitz (Pty) Ltd, curator bonis Willem Jacobus Venter, the Commissioner of the Companies and Intellectual Property Commission, the Minister of Public Works and Infrastructure, and the Minister of Finance.
The underlying preservation proceedings involve a wider group of individuals, companies and trusts, including Mkhize’s former husband, Wiseman Sibusiso Mpisane, Tamia Nombuso Linda Mkhwazi, Nosipho Fortunate Ngubo, Mvusi Smakade Ngubo, Madoda Mbeje, Thelma Louise Smuts, and Shaun Andile Naki.
The entities named in those proceedings include DPA Project Managers and Facilitators (Pty) Ltd, Lungza Management Consultants CC, Royal AM (Pty) Ltd, Royal AM Football Club (Pty) Ltd, the Lungazwile Family Trust, the Mkhimpi Family Trust, and the Sbusha Trust. Zikhulise Group (Pty) Ltd and Yaron Peretz also feature in the underlying proceedings.
Properties valued at R35 million
SARS told the court the five properties have a combined estimated market value of R35 million, but if sold under pressure, they would likely fetch about R24.5 million. A valuation report noted a lack of general maintenance and damp damage to the properties. SARS also raised concerns about unpaid municipal charges, security, and insurance costs.
As of 3 October 2025, outstanding municipal charges on four properties added up to about R1.79 million. Security services cost roughly R188,000 a month, and insurance premiums came to about R98,000 every six months.
The curator bonis was in charge of keeping the properties in good condition. SARS paid the ongoing expenses because the preserved bank accounts did not have enough money to cover these costs.
SARS argued that if the properties kept deteriorating and costs kept rising, there would be less money left to pay the tax debts if the court eventually decided they could use the properties to settle those debts.
SARS claims Mkhize is the beneficial owner
According to SARS, Mkhize owed R13.33 million in personal income tax, including interest, as of 19 September 2025. She was also personally liable for Zikhulise Group’s tax debt of R112.57 million, including interest. Together, the total was about R125.9 million.
SARS alleged that even though the five properties were registered to Peretz and 22 Aston Investments, Mkhize was the beneficial owner. The revenue service based its case on evidence from a tax inquiry, including financial transactions showing that Mkhize, Zikhulise Group, and other entities contributed to buying the properties.
The judgment noted that Peretz testified that negotiations for the properties and the sale of shares in 22 Aston Investments had been with Mkhize. SARS also pointed to evidence of payments made towards the purchase price.
SARS plans to start a separate court process to declare that Mkhize and Zikhulise Group are the beneficial owners of the properties and that the properties or their sale proceeds can be used to pay their tax debts.
Mkhize, Mpisane and companies opposed the application
Mkhize, Mpisane, 22 Aston Investments, and 56 Adrianne Street (Pty) Ltd opposed the application. They argued that SARS wanted to sell the properties before a court had decided if it was legally allowed to do so. They also questioned the urgency of the application and raised concerns about property rights, jurisdiction, and the process SARS followed.
The companies said the proposed sale could affect their contractual and commercial interests. Specifically, 56 Adrianne Street claimed it had rights based on agreements to buy properties registered in Peretz’s name.
The opposing parties maintained that the sale was premature because SARS’s right to use the properties to settle the tax debts had not yet been decided.
Judge rejects objections to the sale
Judge Henriques found that the facts presented by SARS had not been properly disputed by those opposing the application. The judge said that Section 163 of the Tax Administration Act allows a court to authorise the sale of assets under a preservation order. The aim is to keep their value for the eventual payment of tax debts.
The judgment also referred to earlier court decisions that said deteriorating assets can be sold for cash before another court process decides if they can be used to pay off a debt.
Based on the evidence available at this stage, Judge Henriques found that SARS had shown it was more likely than not that Mkhize was the beneficial owner of the properties. The judge stressed that whether the properties can actually be used to pay the tax debts will be decided in the separate action.
The court dismissed the objections and authorised the curator bonis to sell the five properties without a reserve price.
All the proceeds must be kept in an interest-bearing trust account. Any money still owed to Peretz for the purchase can only be paid once the amount is confirmed by agreement or by court order. The rest of the proceeds must stay in trust until the outcome of the separate court action.
SARS must start that separate court process within one month of this order. Mkhize, Mpisane, 22 Aston Investments, and 56 Adrianne Street were ordered to pay the costs of the application together and individually, including the costs of two counsel on Scale C.
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