AFU GRANTED A FORFEITURE ORDER FOR BAKKIE USED TO TRANSPORT ILLICIT CIGARETTES
LUTENDO LIVHEBE – MUDAU. The Asset Forfeiture Unit (AFU) in KwaZulu-Natal, has been granted a forfeiture order for a Toyota Fortuner bakkie D4D, belonging to an Ethiopian businessman, Binyam Haile Lonesako. The bakkie was used to transport illicit cigarettes in May 2020. On the day, off-duty police officer Moosa Shawe was driving the bakkie when he was stopped at a routine stop-and-search police operation in the KwaNgwanase area. He identified himself as a police officer and allowed them to search the vehicle.
The vehicle contained 10 boxes containing packs of cigarettes, and since this was during the national lockdown period, Shawe was charged with Contravention of the Disaster Management Act (he was travelling without a permit), Contravention of the Customs Excise Act and Contravention of the Firearms Control Act (relating to his state-issued firearm). When questioned about the cigarettes, Shawe told the police that he was asked by his friend, Lonesako, to drive from Margate to the Emanguzi area, to fetch some items and return to Margate.
Shawe had agreed to assist as he was off duty on the day. At Emanguzi, he met two other Ethiopian men who put the boxes into the bakkie and then Shawe headed back to the south coast. The cigarettes were examined by a representative from a cigarette dealing company and found to be illegal goods of poor quality and incorrect packaging. They had an estimated value of R190 000. Due to the pending finalisation of investigations, the charges against Shawe were provisionally withdrawn, however, the state was able to obtain the forfeiture order in respect of the bakkie. The bakkie which has an estimated value of approximately R115 000, will be sold and the monies deposited into the Criminal Assets Recovery Account (CARA), for use in law enforcement and crime-fighting initiatives. The order was successfully obtained by Senior State Adv. Nazreena Sayed.
The NPA welcomes this development as it reinforces our strategy to focus not only on prosecutions but also on taking away assets where they are proven to be instrumental to the commission of a crime.
