SA COMPANY SUING FORMER MINISTER NTUTHUKO E56 000

BABANE – Former Minister of Public Works and Transport Ntuthuko Dlamini is being sued for a sum of over E56 000 by a South African registered company, The VAT Refund Administrator (PTY) Limited.

In papers filed at the High Court, the company alleges that Dlamini deposited a cheque in 2012 into his account held at Nedbank Swaziland, Matsapha Branch knowing fully well that he was not entitled to it.

These are allegations contained in an affidavit whose veracity is still to be tested in court and Dlamini is yet to file his answering papers. 
In its particulars of claims, the company, which had its principal place of business at Emafini Conference Centre and is in the business of administering tax refunds in goods exported out of SA to Swaziland, alleges that on January 31, 2012 the Royal Swaziland Sugar Corporation (RSSC) sought a refund in respect of certain goods imported into Swaziland purchased from Universal Fans CC.
“The VAT amount refundable to the RSSC was the sum of E52 498.60 in respect of invoice number 4230 and E4 326. 70 in respect of invoice number 4231,” reads the affidavit.

The total amount refundable was, therefore, E56 825.30.
The plaintiff alleged that in processing the claims due to RSSC the plaintiff (VAT Refund Administrator) erroneously captured the names and details of Dlamini (defendant) including his Diplomatic Passport number 20000266 whose details had been previously captured in their system as a claim in Dlamini’s favour had just been processed.

As a result the company’s system when generating the refund generated a cheque unto and in favour of Dlamini instead of RSSC, the company alleged.

The company stated that around September 13, 2012 an authorised representative of Dlamini collected the cheque.
“The defendant knowing full well that he was not entitled to the cheque payment, deposited the cheque into account number 030000185112 held in the name of the defendant at Nedbank (Swaziland) Limited, Matsapha Branch,” reads the affidavit.

The affidavit states that the cheque was subsequently cleared and Dlamini, although not entitled to it, allegedly obtained the money.
The VAT refund company stated that on discovering the error it demanded a refund of the payment from Dlamini who has allegedly failed or neglected to pay the said sum.
The company has, as a result, asked the court to grant a judgment against Dlamini with interest at a rate of  nine per cent per annum calculated from September 2012 to the date of final payment.      
                     

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