Badul wins back pension

2010-11-24 00:00

FORMER Mountain Rise police director Harriram Badul has won back his pension benefits, which were among the assets that were placed under court restraint by the Asset Forfeiture Unit in August.

In addition his ex-wife, Monica — who divorced Badul on July 8 this year prior to Badul’s assets being seized by the AFU — has got back at least a half-share in the couple’s R1,2 million Mountain Rise home in Coronet Place as well as the proceeds of a fixed deposit investment account with Nedbank.

This is in terms of a court order granted by consent in the Pietermaritzburg high court yesterday.

However, the AFU maintains that despite the couple’s decree of divorce, and an alleged settlement agreement in terms of which Badul gave his ex-wife all his shares in their home and farm (as well as his entire pension and the fixed deposit investment), it is nonetheless entitled to restrain and seek a confiscation order of half the assets of the couple’s former community estate.

This is the issue that will be argued as an opposed motion when the case resumes on March 14.

In an affidavit served on Monica Badul’s attorney, Naren Sangham, yesterday, the deputy director of public prosecutions with the AFU, Kenneth Samuel, said he has been advised by the head of the AFU in KZN, Knorx Molelle — who moved the original application against Badul (and four accused in a theft, fraud, corruption, racketeering and money laundering trial) — that he was not aware at the time that the couple had divorced.

Samuel said that in the circumstances the AFU would no longer pursue a restraint order in terms of the whole of the property in question.

“Having regard to the assets seized thus far, the applicant [also] no longer pursues a restraint order in respect of first respondent’s [Harriram Badul’s] pension benefits,” he added.

The AFU swooped on Badul and four co-accused early on August 10 to serve papers on him informing him that his R2,3 million pension and his home worth an estimated R1,2 million and other “realisable assets” such as cars were under the control of a court-appointed curator, and that if convicted of the charges against him he could lose the lot.

It emerged in replying papers filed by the couple that they had divorced before the AFU went to court to apply for the order, allegedly because Monica Badul discovered that he had been cheating on her with a young policewoman for many years.

She said that in terms of their divorce settlement, which ended more than 30 years of marriage, Badul signed over all his assets to her.

These included his share of their Mountain Rise home and farm, his entire pension and a fixed deposit investment.

 

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