SARS
In a major win for the taxman, the Pretoria High Court has given the South African Revenue Service (SARS) the green light to take over the assets of former Passenger Rail Agency of South Africa (PRASA) boss Lucky Montana. This comes after a long fight over his huge tax bill of more than R55 million. The ruling, made on Friday, 17 October 2025, could shake up Montana’s life, including his role as a Member of Parliament for the uMkhonto weSizwe (MK) Party. [11]
Montana, who has been in the spotlight for his strong words against SARS, now faces the risk of losing his belongings to pay off the debt. The case shows how even big names can get caught in tax troubles, and it raises questions about fairness in the system.
Court Delivers Blow to Montana’s Appeal
The Gauteng High Court in Pretoria turned down Montana’s bid to appeal an earlier decision. [10] This paved the way for SARS to move ahead with the sequestration order. Sequestration means a court picks someone to handle a person’s money and things until debts are cleared. For Montana, this could mean selling off his houses, cars, and other items to cover what he owes.
The fight started when SARS asked the court in May 2023 to sequestrate Montana’s estate because he had not paid up.
Montana tried to fight back by filing papers late, but the court said no to his request for extra time on 21 July 2025. It even made him pay high legal costs on a tough scale. [0] The judge called parts of his papers “scandalous, vexatious, and irrelevant” and struck them out.
SARS welcomed the latest ruling, saying it came after Montana’s appeal was heard on 17 October 2025 and thrown out with more costs against him.
This leaves the sequestration case basically unopposed, as Montana’s main defence was not allowed in.
Roots of the R55 Million Tax Saga
The trouble goes back over 14 years, starting in 2011 when Montana was not yet in politics. [4] SARS says he did not follow tax rules from 2009 to 2019. They found he had not declared some income, leading to a big debt that has grown with interest.
By now, the exact amount stands at R55,133,282.94.
It began with an audit where SARS adjusted his taxes to over R15 million in July 2021. A civil judgment later set it at R44.9 million, but it kept rising because of unpaid interest.
SARS’s illicit economy unit dug into his finances and spotted red flags. These include money he did not report and buys like fancy cars and houses that did not match his declared earnings.
For example, questions came up about how he could afford luxury vehicles and properties without showing where the cash came from.
In their court papers, which are open to the public, SARS listed these issues to back their case for sequestration.
They also put warrants on some of his properties from 2019 to 2022 to try and get the money.
Montana’s Fightback and Settlement Offer
Montana has not taken this lying down. He held a special media briefing on 12 October 2025 to hit back at SARS.
There, he slammed the R55 million claim as “insane” and said he does not owe SARS a cent. “I’m at peace with myself and I do not owe SARS a cent. I want to repeat that: I do not owe SARS a cent,” he told reporters.
He accused SARS of fraud, saying they made up a fake court order to start the sequestration.
Montana claims this is all a political attack because of his role in the MK Party. He pointed fingers at SARS Commissioner Edward Kieswetter and other officials for abusing their power and running a witch-hunt against him.
But behind the scenes, Montana showed he was open to a deal. On 8 August 2025, he offered to pay about R5.4 million to clear the whole debt. [5] SARS said this means he accepts the debt is real, as you cannot ask for a compromise if you dispute the amount. They asked for more details by 14 October 2025, but with no full agreement, they pushed on with the court case.
Montana fired back, saying he is ready to settle but still denies owing anything. He called the public spat unfair and said SARS should take him to court for defamation if they think he is wrong.
SARS Denies Wrongdoing and Goes Public
SARS hit back hard, denying any fraud or abuse. They said Montana made the same claims in court but could not prove them. In an unusual step, SARS shared details of his tax affairs publicly after he accused them of bad faith. 
They pointed out the issue started long before his politics, so it is not a witch-hunt. Spokesperson Siphithi Sibeko said the sequestration would go ahead because of ongoing non-payment.  SARS held their own media talk to set the record straight, saying Montana’s attacks make no sense while he asks for a deal.
Tax experts say SARS had the right to share info in this case because of the public claims against them.  The law allows it when false accusations fly around.
Threat to Montana’s Role in Parliament
This ruling puts Montana’s job as an MP in real danger.  Section 47(1) of the Constitution says people who are sequestrated and not yet cleared cannot sit in the National Assembly. If Montana becomes an unrehabilitated insolvent, he could lose his seat with the MK Party.
Some online talks suggest this might be the end for his political path, with his case now unopposed in court.  Others point out how his assets, like properties, could be sold off.
Montana, with over 20 years in public work focusing on economic policy and transport, now faces a tough road. He plans more talks to clear his name, but the court order changes everything.
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