The North Gauteng High Court this week granted an order allowing Samson Ralukukwe to add the director of public prosecutions and minister of justice as defendants in his damages claim against the police minister.
Ralukukwe was a successful businessman when he was arrested in November 1998 on charges of murder and robbery with aggravating circumstances.
He alleged in court papers the police had set the law in motion against him after obtaining a statement from one Thamsanqa David Cica by means of torture.
Cica implicated Ralukukwe in the murder and robbery of a Limpopo mechanic but in his evidence in the trial repudiated the statement obtained by the police.
Ralukukwe and five other men were sentenced to life imprisonment in March 2000.
He remained in prison until the Supreme Court of Appeal in May 2006 set aside his conviction on both charges on the basis that without Cica’s statement there was no case against him.
The police said Cica had made the confession freely and voluntarily.