FORMER BOK PLAYER SENTENCED FOR FAILURE TO SUBMIT TAX RETURNS

13 AUGUST 2025

FORMER BOK PLAYER SENTENCED FOR FAILURE TO SUBMIT TAX RETURNS

The Paarl Magistrate`s Court has sentenced former Springbok rugby player, Schalk Willem Petrus Burger, and his company, Welbedacht Wines (Pty) Ltd, following their conviction for their failure to submit Value Added Tax, Pay as You Earn and Income Tax Returns. The court convicted the company for its failure to submit a VAT201 return for the period 02/2023, an EMP201 return for the period 03/2023 and sentenced it to a fine of R6 000 on each count, which was wholly suspended for five years.

Burger, 69, was convicted on 14 counts, which include his failure to submit a VAT201 return for the period 02/2023, an EMP201 return for the period 03/2023 and IT12 Income Tax returns for the period of 2011 to 2022. He was fined R6 000- or 12 months imprisonment on each count, of which R2 000- or four months imprisonment was suspended for five years. This amounts to a payable fine of R56 000, or 112 months imprisonment, and a further R28 000 or 56 months imprisonment suspended for 5 years on specific conditions. He successfully requested the court to grant him a deferred fine and was ordered to pay the R56 000.00 in instalments of R6 000 per month and a final payment of R8 000.

The accused entered into a Section 105A plea and sentence agreement with the State. The court confirmed the agreement and convicted and sentenced the accused accordingly. According to the agreement the accused admitted that Welbedacht Wines (Pty) Ltd was registered for Value Added Tax (VAT, with liability date being 01 September 2004, as well as for Pay As you Earn (PAYE) with liability date being 01 January 2010 at the Paarl Office of the South African Revenue Services (SARS) with Burger as its public officer for all the tax obligations with SARS. Burger failed to submit the returns on behalf of the company.

Furthermore, Burger, in his capacity, was registered for Income Tax at the Paarl SARS office with a liability year being 1979. Following his successful registration for e-filing in 2011, he failed to submit his IT12 Income Tax returns for the tax years of 2011 to 2022. This was despite SARS’s best efforts to encourage all taxpayers to submit their Income Tax returns. It was only after the institution of a prosecution and his being summoned to appear in court that he submitted all outstanding returns relating to himself and his company, and both are currently tax compliant.

The accused’s son, Christiaan Francois Burger, was last month on 21 July 2025 also convicted and sentenced on 12 counts of failing to submit his IT12 personal Income Tax returns for the period 2011 - 2022. The 40-year-old was sentenced to a payable fine of R48 000 or 96 months imprisonment, and a further R24 000 or 48 months imprisonment, suspended for five years on conditions. (He was also a director of Welbedacht Wines (Pty) Ltd.)

The NPA welcomes this sentence as it sends a strong message of deterrence on several levels. With the filing season for income tax currently underway, this is a clear message that failure by persons and juristic persons to file their Income Tax returns will not be tolerated. It is a serious offence that impacts negatively on the fiscus. The citizens of South Africa are also affected directly if taxpayers do not submit their returns for their tax that is due to be calculated. The first step for taxpayers to pay the income tax that is due by them is to submit their income tax returns. As the sentences in these cases indicate, failure to comply will be met with severe fines coupled with imprisonment in the alternative, as well as suspended fines and imprisonment.

All taxpayers who are required to file tax returns should do so honestly and contribute their fair share to the fiscus. Those who choose not to do so should not be surprised when they end up being prosecuted and sentenced, as in the present case.

Issued by:

Eric Ntabazalila

National Prosecuting Authority

Regional Communications Manager – Western Cape

Tel: (021) 487 7308

Mobile: 073 062 1222