The former head of the presidential investigative unit ‘was offered bribes’ to take the rap
Zenzile Khoisan
Senior police officials are probing detailed claims of an attempt by the National Intelligence Agency (NIA) to cover up damaging evidence in the trial of a top policeman and save face for former safety and security minister Sydney Mufamadi.
President Thabo Mbeki has also been dragged into the imbroglio, amid suggestions that he too would have been embarrassed.
The Wynberg, Cape Town, Regional Court corruption-and-theft trial of the policeman, Director Andr Lincoln, ground to a dramatic halt last week when he offered evidence directly contradicting earlier testimony by Mufamadi and accused him of perjury. Magistrate AP Kotze slapped a reporting embargo and postponed the proceedings until November 27.
Lincoln, who faces 47 charges relating to his activities as commander of the elite presidential investigative task unit, last weekend submitted an affidavit to police in Cape Town. The affidavit contains detailed allegations how top NIA members tried to induce him to “take the rap” and prevent embarrassment for Mbeki and Mufamadi, who is now minister of provincial and local government.
At the heart of the matter is the reporting line followed by Lincoln during his tenure as the unit’s head. The specialist police unit, now disbanded, was created by former President Nelson Mandela and his then deputy, Mbeki, in 1996 to crack down on state corruption and organised crime.
Among the unit’s tasks was to investigate Cape mafioso Vito Palazzolo and his alleged relationship with senior officials and politicians. Many of the charges against Lincoln relate to allegations that he became too close to his prey, Palazzolo.
The Mail & Guardian has reported that Lincoln, a former African National Congress intelligence operative, reported directly to his political masters Mbeki and Mufamadi bypassing George Fivaz, then national police commissioner. Fivaz was unhappy with this unusual state of affairs, which critics felt effectively meant Mbeki had a “private” police unit. There has been speculation that the spat contributed to Fivaz being replaced by Jackie Selebi early last year.
In his affidavit, Lincoln states that he is “currently in the dock giving evidence in my trial and I am still under oath and therefore I am not prepared to discuss the merits of my trial. I am, however, laying a complaint with the South African Police Service a complaint that I want investigated fully.”
He says that on April 9 “Mufamadi gave evidence in my trial stating that the chain of command at my unit was directly to the former national commissioner [of police]. I have since challenged this evidence of his to the point where I have stated on the record in court that Minister Mufamadi lied.”
Lincoln says that on October 18 before he took to the witness stand to challenge Mufamadi’s testimony he had discussions with Deputy President Jacob Zuma and Mufamadi’s successor in the safety and security portfolio, Steve Tshwete. “I informed them that in four days’ time I will be entering the dock and I will prove that Minister Mufamadi was lying when he gave evidence in my matter. I also informed them that I have to do this in order to clear my name.”
Lincoln says he does not know whether the ministers took steps to intervene, but that two days later he was paid a late-night visit by the provincial research and analysis head of the NIA, Lorna Daniels. “She told me that she was sent by [provincial NIA head] Arthur Fraser to discuss with me what I was going to do with Minister Mufamadi’s evidence. I told her that I was going to contest his evidence and prove that he lied.”
Lincoln claims Daniels told him “it would most definitely have implications for the government and state security”.
The next day Daniels called and arranged a meeting between Lincoln, herself and Fraser, Lincoln’s affidavit alleges. At this meeting, Lincoln says, he stuck to his guns. Fraser “then asked me if I understood the implications for the State as well as the President if I proceeded”. Fraser later told him that Director General of Intelligence Vusi Mavimbela was coming to Cape Town to deal with the matter.
Fraser then called Lincoln to a 2am meeting at a coffee shop in Rondebosch. “At this meeting he told me that he was ‘wearing two hats’ One was in his official capacity as provincial head of the NIA and the second one was a political ‘hat’ in order for him to protect the political interests at stake.” The possibility of the charges against Lincoln being dropped was discussed, but Fraser felt the prosecutor would then be able to “hold the government to ransom”.
Fraser left to report to his superiors but came to Lincoln’s house two hours later, warning of “implications for the government both nationally and internationally” and “serious financial implications for the state” should Lincoln go ahead with his testimony.
At another meeting that same morning, Lincoln alleges, Fraser asked him to “take the rap”, but he refused. “He told me that if I was willing to cooperate with him he would look after me.”
On October 23 the alleged offer had more meat: “[Fraser] said that I should plead guilty to some of the charges and that he would assure me that the remaining charges would be withdrawn. He wanted me to plead guilty to almost all the fraud charges. He told me I would get a four to five year prison sentence but that he would see to it that my sentence gets converted to correctional supervision immediately.
“He also told me to offer to repay the state on all the fraud charges and that he would make the cash available to repay the state. He also offered me a job and he stressed the fact that the job he was offering would be on the same financial level that I am now used to.
“He also told me that my family would be looked after. Mr Fraser made it very clear to me that, should I accept the deal, I would effectively be ‘taking the rap’ for my country.”
The Mail & Guardian understands that police have registered a case in Diep River, Cape Town, to investigate Lincoln’s allegations of NIA interference. It is to be handed to senior officers due to the sensitivity of the matter.
Lincoln has long maintained that he is innocent of the charges against him; that they are the result of a machiavellian plot by old-guard police officers who did not like his special position and the fact that he stepped on powerful criminals’ toes in the police.
His supporters say he botched an attempt to cover up for Captain Simon Nothnagel, former commander of the Cape Town syndicate fraud unit. Nothnagel, after the presidential unit’s and Lincoln’s intervention, was arrested some four years ago on charges related to a currency counterfeit operation. He was sentenced to 15 years in September.
An investigation was launched into Lincoln and his unit soon after Nothnagel’s arrest. Lincoln himself was arrested in February 1998.
Individual NIA officers and the Office of the President, approached for comment this week, referred inquiries to NIA spokesperson Helmuth Schlenter. He failed to comment by the time of going to press.