Cape Town – The opening salvo in Major-General Andre Lincoln's civil case against the police minister was fired on Monday in the Western Cape High Court when his lawyer detailed the backstabbing and political rivalry that formed the backdrop of covert operations in South Africa's early years of democracy.
Lincoln is claiming R15 million in damages for the "malicious" investigations initiated against him and the ultimate prosecution against him when he was head of the Presidential Investigation Task Unit (PITU).
His lawyer Johan Nortje told the court that "at the end of the day" Lincoln faced 47 charges of fraud. In 2003, he was convicted on 17 of the charges, and sentenced to nine years behind bars.
Lincoln was granted leave to appeal, but it took a further six years for the case to be heard in the Western Cape High Court before Judge Jeannette Traverso.
Nortje told the court on Monday: "In October 2009 we argued before Judge Jeannette Traverso who found this case had been about backstabbing and rivalry and the fact of this matter was there had been no fraud."
Lincoln therefore had to be reinstated, but faced opposition from the national police office. Eventually, he was reinstated in a lower position, and efforts to claim his back pay met with further resistance.
"Hence the institution of malicious prosecution in February 2012," Nortje told the court.
Nortje said they planned to call Major-General Jeremy Veary and Captain Piet Viljoen, but he would first call Lincoln himself who would later detail behind the scenes police interference into covert operations he led.
Prior to 1994, Lincoln was deputy head of the intelligence agency for the now ruling African National Congress.
But, he was then transferred to the new police structures of post-apartheid South Africa where he played a vital role in the integration process.
In 1995, a report was handed to Lincoln that contained allegations against Vito Palazollo, the alleged sixth most powerful member of the Italian Mafia at the time. The report claimed that Palazollo had connections with senior police officers, a minister and underground criminals.
Nortje told the court that the report was taken to President Nelson Mandela who decided to create the Presidential Investigation Task Unit to investigate the allegations. Lincoln was appointed as its head and would oversee "Operation Intrigue".
Funds for the intelligence driven operation could not come from the secret police account, but would go through normal channels to avoid suspicions being raised.
This, Norje said, was because Commissioner Neels Venter sat on the secret account committee and had also been linked to Palazollo.
Nortje said the unit also investigated police officers involved in money laundering, and interference from both senior and lower level police officers began.
Nortje said in one investigation, dubbed Operation Donna, they found a printing press in the national police office which printed counterfeit US dollars as well as "all sorts of documentation".
He said Lincoln would testify about the investigation against convicted fraudster Jurgen Harksen which ultimately led to him being deported back to Germany.
Details of a plot to assassinate Mandela during his inauguration would also be revealed.
Nortje said PITU's successes "drew the ire of police officers" which Lincoln complained about on several occasions.
Less than a year after the establishment of PITU, a junior police officer working for the unit exposed in a report that they were investigating well known underground criminals including Cyril Beeka, Vito Palazollo and Rashaad Staggie and their links with police officers. Nortje said this prompted senior police management to instigate an investigation against Lincoln which ultimately led to the fraud prosecution.
After Nortje's opening statements, a composed Lincoln took the stand and told the court he had 23 years of police service under his belt. He is currently working as the cluster commander for Wynberg, and is a Major-General.
Lincoln testified that when he was approached by the inspector about the report that contained allegations about mafia kingpin Vito Palazollo, he recognised the seriousness of the matter and dealt with it in a "classified manner".
"The report alleged that Palazollo had the head of organised crime on his payroll, as well as foreign affairs minister at the time, Pallo Jordan."
Once the PITU was set up to investigation the allegations, Lincoln said they "protected that investigation at all costs".
The trial continues.