Cape Town - The former head of Nelson Mandela’s Presidential Investigation Task Unit – which investigated top Western Cape police officers and Sicilian mafioso Vito Roberto Palazzolo – is suing the State for more than R16-million.
André Lincoln’s action arises out of a long-running case in which he faced 47 charges, and was subsequently acquitted of all of them.
In papers filed at the Cape Town High Court, Lincoln is claiming for damages related to malicious and unlawful prosecution, arguing that senior police officers who instigated the charges against him had intended to harm his dignity, reputation and career prospects.
The Ministers of Justice and Constitutional Development and Safety and Security are cited as respondents in the matter, which is set to be heard in the High Court on Tuesday.
Lincoln was seconded by President Nelson Mandela to head the Presidential Investigation Task Unit in 1996, to investigate the activities of Palazzolo, a member of the Sicilian Mafia – currently in prison in Italy – and his alleged relationship with senior police officers and politicians.
Lincoln reported directly to Mandela.
In court papers, Lincoln’s defence team said shortly after his appointment, some senior Western Cape police officers sabotaged his investigation.
He complained to then-deputy president Thabo Mbeki and national police commissioner George Fivaz about the alleged interference.
However, Fivaz ordered an investigation into the work done by Lincoln’s unit.
In October 1998, Lincoln was arrested on 47 charges, which included fraud and drunk-driving.
His widely publicised criminal trial in the Wynberg Regional Court started in May 2002. He was convicted of 17 of the charges in November 2002.
He was sentenced to nine years’ imprisonment in January 2003, but he appealed the conviction and sentencing.
The process took almost six years before it was heard in the Western Cape High Court. In October 2009 Lincoln was acquitted on all charges.
Judges DJP Traverso and J le Grange, who heard the appeal, ruled that the “entire trial consisted of intrigue, name-dropping, and very little else”, and also noted that “all the facts screamed out that there was no fraud”.
As a result of the criminal prosecution, Lincoln had suffered loss of amenities of life, shock, extreme humiliation, infringement of his dignity and reputation and integrity, health, physical and mental well-being, the papers said.
The police ministry refused to comment on the case, saying it was their policy not to comment on matters before court. The Justice Department did not respond to requests for comment.