In a hard-hitting joint media statement released on 9 December 2025, the Investigating Directorate Against Corruption (IDAC), in collaboration with Sars, and other law-enforcement agencies, announced a significant legal victory: a six-year direct prison sentence (with two years suspended) for Tshepo Khoza — director of Grey Apple Trading Enterprise (Pty) Ltd — on multiple counts of fraud and tax evasion amounting to roughly R3.6-million. 

Khoza’s company had received tenders from the South African Police Service (Saps) under the DNA-project for its forensic science laboratory (FSL) — tenders allegedly awarded because of his family ties to a senior Saps official. Yet, between 2015 and 2018, despite earning substantial income from these contracts, Khoza declared his company dormant and failed to register for VAT or declare the revenue to Sars. 

This verdict comes after protracted investigations under what’s known as Project Blue Lights — and marks one of the clearest signals so far that the state means business when it comes to cracking down on procurement-related corruption and tax evasion!

More Than Fraud — It’s Theft from the Public

The leadership of both Sars and IDAC did not mince words. Sars Commissioner Edward Kieswetter framed tax fraud not as a victimless crime, but as direct theft from the national fiscus — and, by extension, from every South African who depends on government services for education, healthcare, and social support.

SARS are leveraging their powers under the Tax Administration Act (“TAA”), which provides for instances in which the Directors, Public Officers, or other representative taxpayers, can be held personally liable for a company’s tax debt as well as other forms of non-compliance.

Section 180 of the TAA empowers Sars to hold third parties personally responsible for a company’s tax debt and other non-compliance if:

• The person “controls or is regularly involved in the management of the overall financial affairs of a taxpayer”; and
• Sars determines that the person acted negligently or fraudulently concerning the taxpayer’s tax debt.

Where a tax debt exists, this would include liability for capital sums due, as well as related penalties and interest.

Holding an official financial title within the company is not necessary. Merely being involved in financial decisions can make an individual a target. Directors, shareholders, financial officers, and even informal advisors can be held liable if their actions (or inaction) contribute to tax non-compliance.

Why This Case Matters: Coordinated Institutions, Coordinated Justice

Sars’s collection arsenal is not limited to section 180. For example, sections 153 to 155 of the TAA impose personal liability on a “representative taxpayer”—any person responsible for managing the tax affairs of a company. This includes public officers, who may be held personally accountable for the company’s unpaid income tax.

The threat of personal liability extends beyond financial penalties. Sars has the power to initiate criminal proceedings against individuals controlling non-compliant companies. This means that merely paying a fine may not be enough:  offenders could face criminal charges, and even imprisonment.

The significance of this conviction lies as much in the outcome as in how it was achieved. Over recent years, the state has bolstered its anti-corruption architecture — notably by cementing IDAC’s status as a permanent, fully empowered institution with criminal investigatory and prosecutorial powers. 

By working hand-in-glove, Sars and IDAC (alongside other law-enforcement partners) are systematically dismantling networks that abuse public procurement for personal enrichment — turning what was often a murky, difficult-to-prosecute domain into one where accountability is real, immediate, and public. 

This joint victory signals more than just a single arrest — it suggests a new paradigm in which corruption is not a tolerated cost of doing business, but a liability with severe consequences.

Criminality of Non-Compliance

Section 234 of the TAA outlines the acts, and omissions which Sars consider as criminal offences, relating to non-compliance with tax Acts. This section further states that any person who wilfully commits one of the listed acts, or wilfully / negligently fails to act, may be liable, upon conviction, to a fine, or imprisonment of up to 2 years. 

This is only the tip of the iceberg however, as Section 235 of the TAA goes even further, speaking to tax evasion, and obtaining undue refunds through fraud or theft. This comes with a 5-year potential imprisonment:

While Tshepo Khoza’s sentence is a blow against a single corrupt actor, his wider corruption trial — involving others — is scheduled to resume in February 2026. 

Every delay in the prosecution of high-profile corruption cases risks giving rise to cynicism, disillusionment, and impunity. The public deserves — and demands — swift, transparent follow-through.

Tax Laws Take Down Criminals – Compliance is Key

With Sars having to become aggressive in an effort to combat the criminal elements in our society, and leveraging the joint resources of its law-enforcement partners, taxpayers need to be aware that even non-compliance on a smaller scale and due to negligence, carries with it the potential of criminal conviction - crime literally does not pay! 

Where you are already on the wrong side of the law, your only reprieve is to correctly and legally engage the revenue authority; commission of any further criminal activity will not sweep prior acts under the rug, but rather exacerbate the already severe consequences.

As a rule of thumb, any and all correspondence received from Sars should be immediately addressed, by a strong multi-faceted tax, legal, and financial team. This will not only serve to settle your matter before a tax inquiry is opened, but also being specialists in their own right, you will be correctly advised on the most appropriate solution to ensure your holistic tax compliance.

Written by Jashwin Baijoo, Partner and Head of Strategic Engagement & Compliance at Tax Consulting SA.