Maria Amakali
Windhoek-An Angolan national who was convicted of dealing in drugs in 2015 made an appearance in the Windhoek District Court, Katutura in preparation for a hearing following an attempt by the State to seize his possessions.
Daniel Mavunga Kabenda, 38, was sentenced in 2015 to seven years’ imprisonment, of which three years were suspended for five years for dealing in 2.52 kg of cocaine with a street value of about N$1. 26 million. Even though having been convicted by the lower court, Kabenda appealed against the sentence in the High Court, only to have his appeal dismissed early this year.
The prosecution brought before court an application in terms of Section 32 of Act 29 of 2004 to have all of Kabenda’s possessions seized by the State. The prosecution is of the view that the possessions should be seized as he acquired them throughproceeds he had obtained by selling the drugs.
Magistrate Elina Nandago informed Kabenda, who opted to conduct his own defence, that he had the right to dispute the allegations lodged against him by the State by furnishing the court with valid reasons.
Although not her responsibility to do so Nandago had to explain bluntly to Kabenda, who has no legal background, that he needed to provide the court with evidence that indicates that his possessions were not acquired with the proceeds from the drugs he sold, or how he got to have the possessions.
Kabenda was arrested in Windhoek on April 30, 2013 after the police found cocaine buried in the yard of his rented home in Rocky Crest. Although having denied guilt in court he had admitted to the police that he had bought the cocaine in Angola for US$40,000 and sold it in small bags of 10g for N$300 each.
The drugs, as well as N$21,600 cash that was found on Kabenda at the time of his arrest, went missing and is presumed to have been stolen while in the custody of the police.
The court made sure that Kabenda had every document needed so that he can prepare for the hearing that is set down to take place on July 17.