Maria Amakali
Windhoek-Forty-year-old Daniel Mavunga Kabenda who was convicted of drug dealing and is currently serving his time, was dealt a heavy blow following a court order to have all his possessions forfeited to the state.
The state filed an application in terms of Section 32 of Act 29 of 2004 against Kabenda to have all his possessions in Namibia seized by the state.
Magistrate Elina Nandago gave an order that was in favour of the state that all his property be possessed by the state.
Kabenda, who is an Angolan national, was sentenced to seven years behind bars for dealing in 2.52 kg of cocaine with a street value of about N$1.26 million.
The prosecution brought the application that Kabenda’s possessions be seized as he acquired them through proceeds he had obtained by selling drugs.
Kabenda, who opted to represent himself, decided to not oppose the state’s request although he had earlier denied that his vehicle was bought with the proceeds from selling drugs.
Through investigations the court found that the only possession that Kabenda had in Namibia was a Nissan GTR.
However, the magistrate Nandago said it should be surrendered to the state or alternatively an amount of N$1.2 million which is equivalent to the value of the vehicle.
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 are presumed to have been stolen while in the custody of the police.