MaMkhize Battles SARS in Court to Stop Sale of Properties Over R40 Million Tax Dispute
- Shauwn Mkhize’s long-running tax troubles have escalated into a high-stakes courtroom battle that could determine the fate of her property empire
- A fierce legal showdown unfolded in Durban as both sides clashed over whether the matter even qualifies as urgent
- With millions on the line and assets at risk, the case could reshape the fallout from the collapse of her football ownership journey
- Briefly News spoke exclusively to a sports journalist who shared his insights on Mkhize's tax dispute
- Briefly News' Byron Pillay also reached out to Anathi Phela, a legal expert, regarding the story
Former Royal AM owner and Durban businesswoman Shauwn Mkhize is reportedly fighting to keep her properties at the centre of a R40 million tax dispute with the South African Revenue Service. (SARS).
Source: Instagram
MaMkhize, as she is fondly known, has had a well-documented tax battle with the revenue service. The dispute saw her former Premier Soccer League club, Royal AM, lose its status in 2025 after it was placed under curatorship and eventually expelled from the league.
SARS escalated the matter by taking further steps to attach her assets, including her farm near Durban, and raiding the club’s former training facilities in September. The tax enforcement operation was not confined to KwaZulu-Natal. Insiders revealed that SARS, backed by law enforcement officers, also carried out raids at Mkhize’s Sandton home.
MaMkhize challenges SARS urgent court application
According to IOL reports, on Wednesday, 1 April 2026, her legal team made an urgent application at the Durban High Court in a desperate attempt to challenge SARS’s bid to sell her properties.
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Media personality and sports commentator Brighton Bafana spoke to Briefly News and offered insight into the broader implications of the dispute:
“Cases like this show how quickly off-field issues can escalate into full institutional battles that affect entire organisations.”
“This is no longer just about one individual’s finances it becomes a test of governance, enforcement, and how far authorities are willing to go to protect public funds.”
“What stands out is the uncertainty. When assets, sponsorships, and legal processes all overlap, the ripple effects can reshape careers and businesses at the same time.”
Mkhize's legal team argued that the court should strike the urgent application off the roll. This was in response to SARS approaching the High Court seeking an order to sell the properties, citing concerns that the assets were deteriorating and losing value.
Advocate Sinethemba Ndlovu, representing Mkhize, argued that SARS failed to follow the proper rules governing urgent applications by not seeking an earlier date from the Judge President.
“The application ought to have been brought in a normal court. It’s been one year and three months, if my memory serves me correctly,” Ndlovu said while disputing the urgency of the matter.
Source: Instagram
SARS argues property sales will preserve value
Mkhize’s legal team also raised concerns that the properties in question were primary residences. However, Judge Jacqueline Henriques questioned this claim, noting that none of the submitted affidavits clearly stated this. She pointed out that despite multiple affidavits being filed, there was no clear indication that the properties were primary residences.
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Advocate Hein Synman SC, representing SARS, objected and argued that a strong case had been presented for the sale of the properties. He maintained that converting the assets into cash would benefit both Mkhize and SARS.
Synman explained that with Mkhize’s bank accounts frozen, she is unable to maintain the properties, while SARS cannot use taxpayers’ money for their upkeep.
Speaking to Briefly News about the story, Anathi Phela, a legal expert, addressed what legal grounds SARS had to attach and potentially sell assets in a tax dispute, and how courts weigh this against claims that the properties may be primary residences.
“SARS has broad statutory powers under the Tax Administration Act 28 of 2011 to issue a notice of attachment and ultimately sell assets in satisfaction of a tax debt, and these powers are exercisable even where the underlying assessment is disputed.
“However, where the attached property is a primary residence, courts have shown a willingness to weigh this factor heavily in interdict proceedings, drawing on section 26 of the Constitution (the right of access to adequate housing) and the Jaftha v Schoeman principle that execution against a home requires judicial oversight to ensure proportionality,” Phela said.
He added that this meant that a court will scrutinise whether SARS exhausted less invasive collection mechanisms first, whether the tax debt was genuinely undisputed, and whether the sale of a primary residence is a proportionate response to the quantum of the debt.
“Where these conditions are not met, an interdict staying the sale pending the resolution of the dispute has a reasonable prospect of success, particularly if supported by an urgent application under Rule 6(12) demonstrating irreparable harm,” Phela explained.
Mama Joy speaks on MaMkhize's new club
Briefly News previously reported that the former Royal AM boss, MaMkhize, has been unveiled as the president of a football club in Eswatini.
MaMkhize was congratulated by Mama Joy, once a superfan of Royal AM, who praised her and rallied behind her new venture in Eswatini.
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Source: Briefly News
Ncube Harrison (Sports Editor) Harrison Ncube is a sports journalist with years of experience covering African and global sports. He holds a Bachelor of Arts in Media Studies from the Zimbabwe Open University and previously worked at Sports Buzz (2018–2022), freelanced for Sports Journal (2023–2024), and contributed to Radio 54 African Panorama Live (2021–2023). He joined Briefly News in February 2025. For inquiries, reach him at ncube.harrison@briefly.co.za.
Anathi Phela (Legal academic) Anathi Phela is a legal academic that is based in MUT in KZN and is a leading expert in the field of medical law and forensic medicine and aspects of private law such as media law and property law. He has published In varied areas of the law and has traveled to Europe on scholarships. He holds two master of laws degree and is finishing his PhD In law.
