Botswana authorities want to arrest South Africa’s Safety and Security deputy minister, charged with stealing R120 000 and jumping bail. Gaye Davis reports
DEPUTY minister of Safety and Security Joe Matthews is a fugitive from justice in Botswana where he is wanted to stand trial on charges of skipping bail and stealing funds in the trust account he operated while practising as an attorney in Gaborone.
A warrant issued for his arrest nine years ago is still in force and the man who is the political second-in- charge of the new South African police force would be arrested if he went to neighbouring Botswana.
Matthews, a former treason trialist and ANC exile who defected to the Inkatha Freedom Party about three years ago, was arrested in Gaborone in December 1984. He pleaded not guilty to charges involving the disappearance of almost R120 000 from his trust fund and was released on bail of Pula 10 000 (about R11 000). His failure to appear in court for his trial on February 14 1985 resulted in a warrant for his arrest being issued.
Botswana’s attorney general, Phandu Skelemani, told the Mail & Guardian this week the warrant had not been revoked. If Matthews returned to Botswana — his elderly mother still lives in Gaborone — “the police would pick him up and then he would go to court to face the charges against him”, Skelemani said.
Details of the charges against Matthews are contained in docket files in the possession of the WM&G.
On count one: Matthews acted for a certain Kegaisamang Gilbert Ramokwena who had a summons issued against him for payment of a debt of R3 500. Ramokwena arranged payment at R500 a month through Matthews, who acted for him. Seven cheques were deposited into Mathews’ trust account but the debt was not repaid. When payment was demanded, Matthews made out a cheque for the full amount but it was returned by the bank.
Count two: Matthews represented a Gaborone farmer, Petrus Frederik Brink, in a land sale. R116 000 was paid into Matthews’ trust account by the man who bought land from Brink. “Accused did not transmit the money to Mr Brink, but converted it to his own use,” the docket alleges.
Brink sued Matthews for the money and he agreed to pay, according to the docket. But his cheque for R116 000 was also dishonoured by the bank. When Matthews’ trust account ledgers were later examined, it held a balance of pula 212.
After his arrest on December 13 1984 Matthews pleaded not guilty and was granted bail of pula 10 000. No other conditions were imposed. On February 14 1985 it was discovered he had left the country, travelling by Air Botswana to Zimbabwe.
“As far as we were concerned, he was a Motswana and we didn’t think he would run away,” Skelemani said this week.
“We thought he would stand trial and go through the machinery, but lo and behold, the day before the trial he disappeared and so we had the warrant issued.
“We knew nothing about his whereabouts for years. The police tracked him to Zimbabwe and then to the United Kingdom or the United States and then he disappeared.
“The first time I heard about him was when I saw him on SABC-TV with Dr (Mangosuthu) Buthelezi during the (Kempton Park) negotiations.
“That was when the political angle came in — whether it was proper to go for his extradition if he was helping find a settlement in South Africa as this would probably deprive those who thought he was being helpful of his services.” Skelemani stressed the decision not to launch extradition proceedings against Matthews was taken “by this office” and did not involve Botswana’s president, Sir Ketumile Masire.
Matthews is the son of one of the founders of the ANC, Professor ZK Matthews. Tried for treason alongside his father and Nelson Mandela in 1956, he spent decades travelling the world as an ANC exile, at one time serving as the ANC’s chief representative in London and editor of its mouthpiece, Sechaba.
Ironically, Skelemani once served alongside Matthews who was Botswana’s assistant attorney general in the early 1970s. He later resumed private practice in Gaborone.
Matthews this week refused to speak to the WM&G. His administrative secretary, Captain Basie Lombard, said: “He does not want to speak to the press. It is his policy (not to comment) on personal matters.”
Returning to South Africa in 1991, he defected to the IFP, emerging in 1993 as its chief legal adviser and later becoming its chief executive officer. His fall-out with the ANC hierarchy was apparently based on differences over ANC policy towards homeland leaders. Matthews, a friend of IFP leader Buthelezi since they were ANC Youth League members together in the 1950s, favoured dialogue.
Skelemani said this week extradition was still an option, but political considerations would play a part in any decision.
“The only thing he might do himself would be to repay the people from whom he took the money — they are the ones who actually suffered a direct loss — then one would look at the matter with certain considerations,” Skelemani said. He had been informed that Matthews “made approaches” in this regard about three weeks ago. “His mother is still here in Gaborone and he knows that one of these days he will have to come,” he said.
“In law it makes no difference that he’s a deputy minister — the law would treat him just like any other person,” Skelemani said. “The crime is against the state. Even if he did repay (the complainants) he would still have to deal with this office.”
He had not been in touch with the South African Police about the matter.