HE WAS wrongfully accused of killing a respected nun and spent months in jail.
But now he has been acquitted – and he is suing the minister of police for R14,2 million!
Masixole Ndlebe of Mthatha, who turned 23 last week, spent 17 months inside Wellington Prison until he was acquitted of six charges including murder, kidnapping and hijacking in March by Judge Lusindiso Phakade.
Sister Mary Paul Tacke was found dead in June 2014 in a stream near Libode.
Accused number one, Asiphe Ndikinda (25), was acquitted of murder in April but was sentenced to 18 years for robbery with aggravating circumstances, two years for unlawful possession of a firearm and possession of ammunition and five years for kidnapping.
In March during trial, lawyer Fumanekile Noxhaga successfully argued that there was no evidence linking Masixole to the crimes.
Noxhaga said the summons for the lawsuit against the minister was issued by the Registrar of the High Court on Tuesday.
“My client spent months in jail deprived of his freedom for crimes he was never linked to,” Noxhaga said.
Masixole claims for wrongful arrest, unlawful arrest, intentional arrest, detention, insult and malicious prosecution. Masixole was still in high school when he was arrested.
The lawsuit claims that Masixole was arrested on 20 June 2014 without a warrant and suffered in harsh conditions which included sleeping on cement floors and being put in solitary confinement while in detention in prison.
The lawsuit cites malicious prosecution arguing that had Masixole not been acquitted, he could have faced life imprisonment for murder and therefore holds police and the prosecution accountable
The police minister’s spokesman, Musa Zondi, said it was the right of any citizen to sue. He added that they would deal with the lawsuit in court.