The Cape Town Regional Court has delivered a firm sentence of three years direct imprisonment to Faried van der Schyff, a former employee of the South African Revenue Services (SARS), after he was found guilty of multiple serious offences, including fraud and illegal possession of an unauthorised cellphone while incarcerated.
Van der Schyff, who worked at SARS from 1992 to 1997, later established an accounting service named VDS Financial Services and Advisors, Cape Town Etc reports.
Operating mainly in Belhar and Athlone, he claimed to offer tax advice to clients, presenting himself as qualified and proficient in managing their SARS-related obligations.
However, the reality was starkly different; he failed to register as a tax practitioner, directly violating the Tax Administration Act. Such registration is mandated for anyone providing tax-related services, aiming to ensure that individuals in charge of public tax affairs possess the proper qualifications and adhere to tax compliance standards.
‘Having not registered with any of the recognised professional bodies, Van der Schyff ignored repeated warnings from SARS and continued to unlawfully handle the tax affairs of unsuspecting individuals,’ remarked NPA spokesperson Eric Ntabazalila.
The implications of his actions mirrored the grave scenario of an unlicensed practitioner offering legal or medical services where the public is misled into believing they are receiving legitimate help.
One of the most egregious instances of Van der Schyff’s fraudulent activities involved submitting a falsified income tax return on behalf of a client who was significantly in debt to SARS.
He claimed that the taxpayer had paid over R225 000 in employee’s tax during a period when they were not employed. This deceptive manoeuvre resulted in a tax credit that seemingly alleviated the taxpayer’s debt; however, when SARS audited the latter’s accounts, the truth emerged.
Van der Schyff denied his participation, leaving the client burdened with an overwhelming debt and penalties due to the original deceit.
In addition to the fraud charges, the court revealed that while awaiting trial at Pollsmoor Prison for other tax-related offences, Van der Schyff demonstrated blatant disregard for prison regulations by possessing a cellphone, an item forbidden within correctional facilities.
This possession, according to the acting head of security at Pollsmoor, poses significant risks both to prison security and to public safety.
Van der Schyff’s legal troubles are not new; he previously faced a fraud conviction at the Strand Magistrate’s Court in March 2020, related to an incident that occurred in August 2019. While he received a suspended sentence, his continued illegal activities ultimately led to this more severe punishment.
For his current charges, Van der Schyff received three years of direct imprisonment for fraud, two years for failure to register as a tax practitioner and another two years for illegal possession of an unauthorised item while imprisoned, with all sentences running concurrently.
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Picture: Gallo Images / Fani Mahuntsi
Source: NPA
