Cape Town - Top cop Major-General André Lincoln has won the right to sue the State for millions of rand for damages and malicious investigations initiated against him.
And he is planning to do just that. The Western Cape High Court on Monday upheld Lincoln's appeal lawsuit against the police ministry.
Lincoln had set out to claim R15 million in damages for malicious investigations initiated against him when he was the head of then-president Nelson Mandela's Presidential Investigation Task Unit (Pitu) in 1997.
“We are planning to go ahead (and sue). I am overwhelmed. It's been 21 years and I've fought hard. At times I couldn't believe things reached the point at which they are,” Lincoln said.
Lincoln's unit had investigated top Western Cape police officers and Italian mafioso Vito Roberto Palazzolo, allegedly the sixth-highest ranked member of the Mafia.
Lincoln's unit was tasked to investigate Palazzolo's links with government officials.
Palazzolo had been brought to the country by the National Party, according to Lincoln's testimony.
“(Lincoln) explained although the unit was doing covert work it couldn't use the secret fund meant for covert operations because the police commissioner who had a close association with Palazzolo had access to information involving the secret fund, hence Pitu used the open fund of the SAPS to fund its activities,” the court summarised.
Lincoln had argued that the host of charges brought against him, including fraud, had no merit.
The court found those who instituted investigations against Lincoln were not objective, nor did they trust Lincoln's modus operandi in working to expose criminals.
“It is interesting that the commissioner who was alleged to have an untoward relationship with Palazzolo was the head of the Organised Crime Unit and Smith, who had worked in a branch of the unit, had previously alleged in his affidavit that the unit was also dissatisfied with the modus operandi of the Pitu. ”
Lincoln's claim was initially against the minister of justice and the minister of safety and security as the second respondent, but it was changed to only the minister of safety and security, now the minister of police.
Police Minister Bheki Cele’s spokesperson, Reneilwe Serero, said they would comment after their lawyers had received and had gone through the judgment.
In 2003, Lincoln was convicted on 17 of 47 charges, and sentenced to nine years behind bars.
He was acquitted on all charges following an appeal before Western Cape High Court Judge Jeanette Traverso in 2009.
Judge Traverso had concluded that no fraud had been committed and that the case had instead been about backstabbing and political rivalry.
Lincoln’s appeal that there was malice in prosecution relating to drunk driving and fleeing the scene of an accident was dismissed in court on Monday.
Lincoln heads the recently launched Anti-Gang Unit in the province.