Tshwane, 19 May 2023- The Commissioner of South African Revenue Service (SARS) Mr Edward Kieswetter welcomed the decision of the Constitutional Court of 17 May 2023 to dismiss the application for leave to appeal the Supreme Court of Appeal verdict by the African Global Holding (Pty) Ltd (AGH).
The matter arose from the decision of the Supreme Court of Appeal which upheld the appeal by liquidators and purchasers of assets, which opposed an earlier High Court decision that set aside the auction of the property of AGH. It should be noted that a cross appeal had also been noted against the decision to not put the company into business rescue.
The Supreme Court of Appeal dismissed the High Court decision that set aside the auction but upheld the decision to dismiss an application for business rescue. The request to appeal the decision to the Constitutional Court was refused by the Constitutional Court on the basis that the issues do not engage the jurisdiction of that court.
The SARS Commissioner expressed his confidence that the refusal to hear a further appeal now allows the process of liquidation of the company to proceed with speed and to the benefit of all creditors including SARS.
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