Former SARS employee sentenced for fraud and illegal possession of cellphone while in prison

A former SA Revenue Services (SARS) employee has been sentenced to an effective 3 years direct imprisonment after he was prosecuted for fraud, failure to register as a tax practitioner as required by the Tax Administration Act, and illegal possession of a cellphone while in custody.

National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila said Faried van der Schyff worked for SARS from 1992 to 1997 and subsequently started an accounting business, which traded as VDS Financial Services and Advisors.

Ntabazalila said he provided tax advice to members of the public in Belhar, Athlone and surrounding areas, with clients brought under the impression that he was equipped to address all their SARS-related responsibilities.

"He not only practised as a tax practitioner unlawfully, but also fraudulently filed an income tax return on behalf of one of his clients to ensure a credit arose so that the client’s debt with SARS would be erased by this fraudulent credit," Ntabazalila said. 

"The State also proved that while in custody awaiting trial at Pollsmoor Prison, on an unrelated matter also involving tax fraud, the accused furthermore showed complete disregard for the laws of the country by being found in possession of a cellular phone, which is regarded as an unauthorised item in a correctional facility. According to the Acting Head of Security at Pollsmoor Prison, possession of cellphones by detainees and inmates is a serious problem and causes huge risks to the security of the facility and the public at large."

Van der Schyff was sentenced to 3 years direct imprisonment for fraud, 2 years direct imprisonment for failure to register as a tax practitioner as required by the Tax Administration Act and 2 years direct imprisonment for illegal possession of an unauthorised item while incarcerated in a correctional services facility.

The court ordered that the sentences run concurrently.

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