Cape Town Businesswoman Gets Suspended Sentence for Tax Return Failure

Key Points:

  • Cape Town businesswoman and her company convicted for failing to submit tax returns to SARS.
  • Fiona Mutongwizo sentenced to a fine of R48,000, payable in monthly instalments.
  • Suspended sentences given, with the total fine payable by January 2027.

A Cape Town businesswoman and her company received suspended sentences from the Bellville Magistrate’s Court after the court convicted them on 12 counts of failing to submit income tax returns to the South African Revenue Service (SARS).

Charges and Convictions

Warrant Officer Zinzi Hani, spokesperson for the Directorate for Priority Crime Investigation (Hawks), reported that Fiona Mutongwizo, 39, and her company neglected to submit tax returns for the period from 2022 to 2024.

Mutongwizo admitted guilt to all charges. As a result, the court imposed fines for each count. The company faced a R6,000 fine per count. However, the court fully suspended the sentence for five years.

Sentencing and Payment Details

The court also sentenced Mutongwizo to a R6,000 fine or 12 months in prison for each count. However, the court suspended R2,000 or six months of imprisonment for five years. This suspension is contingent upon Mutongwizo refraining from committing a similar offence during that period.

The total fine of R48,000 is payable in instalments. Mutongwizo must pay an initial R5,000 immediately following the sentence. She must then pay the remaining R43,000 in monthly instalments of R2,150. The final payment will be due by January 2, 2027.

Mutongwizo must make all payments to the Clerk of the Bellville Magistrate’s Court.

This case emphasizes the importance of submitting tax returns on time. It also highlights the legal consequences of failing to comply with South Africa’s tax laws. The suspended sentences serve as a clear warning to business owners about the need to meet their tax obligations.

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