A panel of four Court of Appeal Judges on Friday ordered that Setlhoa Estates be returned to the Nchindo family and cleared Joseph Matome, who had been convicted on corruption charges.
The judges upheld an appeal by Louis Garvas Nchindo, his family company, Tourism Development Consortium, and Joseph Matome, who were convicted of corruption in relation to allocation of plot 55720 in northern Gaborone.
The judges set aside the conviction on count one and two in which Matome  was  found guilty of giving false information  to former President Festus Mogae and his Cabinet that Tourism Development Consortium was going to be a vehicle for economic diversification.
The judges┬á said: ”Having┬á carefully considered all the evidence that bears on this point, we have come to a┬á conclusion that the evidence is not sufficient┬á to hold it proved┬á beyond reasonable doubt that Matome, the third respondent,┬á was physically┬á present┬á and made┬á representation┬á to Mogae┬á on 21┬á December 2000.” They added that the identification was, in their opinion, too vague.
 
Further the judges said that “they are not satisfied beyond reasonable doubt that the only reasonable inference to be drawn from the surrounding┬á evidence┬á is that Matome┬á was participant to┬á the presentation jointly┬á and in concert┬á with whoever┬á did actually┬á made presentation”.
The judges admitted that there were grounds of suspicion and it could even  be said that  Matome made the presentation either physically  or acting jointly  with some one else but  that there must be proof beyond reasonable  doubt on that which he said there are not convinced there is any.
On these grounds, the judges said that the conviction against  Matome must be set  aside.
On the second count of giving false information to the Cabinet,  the judges  said  that  the question  to answer  was whether what was said at the presentation was false information? There was no dispute  that  what was said  there was   in the hard copy  of the presentation. That the important issue  was whether information alleged in Court  was given  and whether it was false information.
On this issue, the three judges said that: “There is no direct┬á evidence┬á that┬á Matome┬á at the time of cabinet meeting knew that TDC was┬á going to become┬á the property┬á of Nchindo and the late Louis Nchindo. That though it can be inferred┬á from the surrounding┬á of┬á facts┬á and circumstances┬á that he must have known,┬á the question is whether┬á he had that information at the┬á time of the cabinet meeting.”
After reading all the evidence relating to the matter: “I have come to the conclusion┬á with some hesitation that there is no evidence to infer beyond reasonable doubt┬á that┬á Matome knew on┬á 25 January, that TDC┬á was not to be a vehicle┬á through which Debswana┬á intended┬á to contribute to the economic diversification┬á of Botswana economy.
The judges then set aside all the convictions against the three appellants and the forfeiture of Plot 55720, which the state had alleged was acquired illegally and lower Courts confirmed.
 
Setting aside the forfeiture order the Court of Appeal panel stated that, “ in my opinion the procedure adopted by the Magistrate cannot be supported. It did not follow the basic requirements of natural justice. To have granted the order in the manner that the Magistrate did was wholly inappropriate. It was not a proper exercise of his discretion.”
 
After the judgment, Matome, who was visibly┬á happy, said that: “I knew I was innocent all along.”
Matome spent close to five months in jail after conviction.
