The dramatic exit of West Pack Lifestyle from business rescue in 2024 was supposed to mark a new beginning. Instead, it has spiralled into a bitter legal war, with the retailer’s founder, Cris da Silva, now facing criminal charges of fraud and theft.
The charges, laid late last year at the Norwood Police Station, represent a sharp escalation in a dispute that pits Da Silva against Mohamed Carim, the Johannesburg businessman who stepped in to settle much of the company’s debt and purchase its brand and assets during the rescue process .
The Complaint
The complaint, laid by Carim, alleges that Da Silva misrepresented his authority in financial dealings, leading to millions in loans that were never repaid.
According to the affidavit, Carim advanced significant funding to Da Silva in 2023. This funding was initially secured against properties but was later restructured through the cession of sharesa process where shares are used as collateral. Carim now alleges that Da Silva did not have the legal authority to cede those shares .
The Suprapack Allegations
The dispute extends far beyond unpaid loans. The investigation has zeroed in on a company called Suprapack, which allegedly supplied fast-moving consumer goods to Crespo Investmentsa special purpose vehicle created by Carim to keep West Pack afloat during business rescue .
Carim’s team alleges that Suprapack issued VAT invoices to Crespo that were internally signed off by a procurement manager who was, at the same time, a director of Suprapack. This is described as an undeclared and serious conflict of interest.
Further allegations suggest that the two directors of Suprapack were directly linked to West Pack and Petzone operations and were effectively “fronting” for Da Silva .
An interim audit conducted by Carim’s accounting team reportedly identified approximately R16 million in transactions involving Suprapack that were flagged as suspicious .
The VAT Question
Perhaps the most technically serious allegation concerns VAT. The affidavit claims that Suprapack charged VAT on its invoices despite not being VAT registered. Copies of invoices seen by The Citizen show that while VAT is reflected and calculated on the amounts, no VAT number appears on the documents, potentially rendering the charges unlawful .
Legal Responses
Chad Thomas of IRS Forensic Investigations, who acts for Carim, confirmed that a report has been filed with the Directorate for Priority Crime Investigation (the Hawks) .
Da Silva’s attorneys, Smit Sewgoolam Inc, confirmed they represent him but declined to respond to questions, stating they did “not intend to address the questions.” The firm added that its failure to respond “should not be construed as an admission of any sort” .
What Happens Next
The criminal charges mark a significant escalation in what was already a complex commercial dispute. With the Hawks now involved and an alleged R16 million paper trail under scrutiny, the case against Da Silva will be tested in a new arenathe criminal courts.
