Minister of Safety and Security v Lincoln

André Lincoln, a Major-General in the SAPS and former commander of the Presidential Investigative Task Unit (PITU), was prosecuted on 47 criminal charges, mainly fraud-related, arising from his conduct while heading a covert investigation into alleged organised crime links involving Vito Palazzolo. He was initially convicted and sentenced to imprisonment, but on appeal his convictions and sentence were set aside. Lincoln then sued the Minister of Safety and Security for damages based on malicious prosecution, alleging that SAPS members had instigated the prosecution without reasonable and probable cause and had procured false statements through duress. The trial court dismissed his claim, but a majority of the full court upheld his appeal. The Minister appealed to the Supreme Court of Appeal.

The appeal by the Minister of Safety and Security succeeded. The order of the full court was set aside and replaced with an order dismissing Lincoln’s appeal with costs, including the costs of two counsel.

The case clarifies the stringent requirements for malicious prosecution claims in South African law, particularly the meaning of ‘instigation’ where prosecutions are undertaken by the State. It affirms that police investigators are not liable merely for supplying information to prosecutors, even if the prosecution ultimately fails, and underscores the independent role of the NDPP in breaking causation.