Money lender Matthew Jack is seeking a share of Jerome ‘Donkie’ Booysen’s R21 million in real estate, alleging that he lent Booysen R13.5 million for the procurement of a significant quantity of KN95 protective face masks from China in August 2020.
The properties in question form part of the property portfolio owned by the alleged Sexy Boys gang leader, which the state seized in 2021 along with nine vehicles worth R1.7 million.
Jack is now involved in a lengthy legal battle with the prosecution over Booysen’s properties located in Bellville, Eerste River and Wellington in the Western Cape. This contentious legal dispute is now on its way to the Supreme Court of Appeal (SCA).
As reported by TimesLIVE, in an unsuccessful lawsuit, Jack (49) claimed that he provided a loan to Booysen and his business associate, Lionel van Tonder, amounting to R13.5 million for the procurement of a ‘large quantity of KN95 protective masks’ from China in August 2020. Jack transferred the funds to Van Tonder’s company, Dexavision. Booysen purportedly offered to register bonds on the three properties and use them as collateral.
Formal statements presented in court stated that Booysen operated a drug plant at three of his 18 properties. Even though he denied any knowledge of it and blamed his rental agent, the court determined that the prosecution had sufficient reasons to convict Booysen based on the Prevention of Organised Crime Act and approved a restraining order.
In a sworn statement, Jack stated that the purchase and subsequent sale of the protective masks took an unfortunate turn. He became aware of the restraining order on Booysen’s properties when he attempted to recover his funds in February 2022. He expressed his frustration with the lawyers he had retained for failing to register mortgage bonds before the restraining order was issued.
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‘I am an innocent third party, totally divorced from the alleged conduct that underpins the restraint matter. To the extent that the restraining order precludes me from registering mortgage bonds over the properties, it subjects me to undue hardship. It exposes me to risk for which I did not bargain when concluding the loan agreement with Dexavision,’ Jack’s affidavit read.
Jack revealed his background and how he came to meet Booysen, adding that his perception of Booysen differed from the media’s portrayal of him.
In Jack’s affidavit, he discloses that he attended St. Peters Preparatory School in Rivonia, Johannesburg, and later Michaelhouse in Balgowan, KwaZulu-Natal. He proceeded to graduate with an honours degree in business science from the University of Cape Town and became a qualified chartered financial analyst through the Association of Investment Management Research in Chicago, US, in 2000.
Jack mentioned that he was introduced to Booysen by a rugby player he characterised as ‘an extremely polite and modest gentleman’ who played for a team sponsored by Booysens. He made a donation of R100 000 to the club and contributed R20,000 to a feeding programme that Booysen managed during the ‘early months of the COVID-19 pandemic.’
The affidavit read: ‘Through these endeavours, I became impressed with Mr Booysen’s support for the community, and we became friendly. At that stage, I had heard of Mr Booysen’s reputation as reported in the press. I felt that Mr Booysen was largely misunderstood and unfairly presented in much of the reporting. The man portrayed in the press was not the Mr Booysen I have come to know.’
On the contrary, Gcobani Bam, who serves as the head of the Asset Forfeiture Unit in the Western Cape, expressed his dissatisfaction. In his sworn statement, Bam stated that the attorneys had not successfully completed the registration of the mortgage bonds due to Jack’s failure to supply them with the required Financial Intelligence Centre Act (FICA) documentation and the original title deeds for the properties.
Bam’s affidavit read: ‘It is apparent that there is neither a factual nor a legal basis upon which [Jack] contends surety bonds are now sought to be registered over the properties which are subject to the restraint order.’
Bam requested the court reject the application, citing Jack’s violation of the National Credit Act and his inability to demonstrate Dexavision’s FICA compliance. Judge Hayley Slingers denied the application in June, and Jack subsequently filed for permission to appeal, but it was unsuccessful last month.
Dale Smiedt, his attorney, stated this week, ‘We intend to seek recourse with the SCA.’
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