Opinion

Mpisane-Mkhize asset battle postponed as SARS tax case complicates divorce settlement

ASSET DIVISION

Zimbili Vilakazi|Published

Businessman Sibusiso Mpisane leaving Durban High Court on Monday after his divorce matter with Shauwn Mkhize did not proceed. Mpisane wants the finalisation of their asset division.

Image: DOCTOR NGCOBO Independent Newspapers

The long-running legal battle between former Durban Metro Police officer Sibusiso Mpisane and his ex-wife, businesswoman Shauwn Mkhize, was postponed at the KwaZulu-Natal High Court in Durban on Monday.

The matter, which was expected to address the division of the couple’s assets following their November 1, 2024 divorce decree, did not proceed and has been adjourned to a date yet to be determined.

Mpisane is seeking the final division of their estate, as the couple was married in community of property. Court papers indicate that he is also applying to amend paragraph 2 of the divorce order to include additional provisions, highlighting ongoing disputes over the distribution of their shared assets.

Dressed in a black short-sleeved safari suit, Mpisane appeared in good spirits ahead of the proceedings. However, the matter stalled before it could be heard. His legal team briefly consulted with him outside the courtroom before leaving. Despite the setback, Mpisane showed no visible frustration at the delay.

It later emerged that the postponement was due to procedural issues, with Mpisane’s legal representatives reportedly advised to formally notify Mkhize to appear in court when the matter is heard.

The former couple’s marriage, which spanned more than two decades, ended in 2024, but the financial aspects of their separation remain unresolved.

Complicating matters further are mounting legal challenges involving the South African Revenue Service (SARS). Mkhize is accused of owing between R37 million and R40 million in unpaid taxes, a case that has escalated into both civil and criminal proceedings.

SARS has already obtained court orders to search properties linked to Mkhize, including homes in La Lucia, Pietermaritzburg and Sandton, as well as other assets across KwaZulu-Natal, in a bid to recover the alleged outstanding amounts.

The unresolved tax dispute is expected to have significant implications for the division of the couple’s estate, with authorities moving to secure assets amid concerns they could be dissipated.

The matter is expected to return to court once procedural requirements have been addressed.

SUNDAY TRIBUNE