Wrongful arrest at King Shaka International Airport: State to fork out R580k in damages
A woman who was unlawfully incarcerated for 10 days under harrowing circumstances, must receive R580,000 in damages from the police, the Supreme Court of Appeal ruled.
Image: File
The treatment meted out to a woman arrested at King Shaka International Airport on vague suggestions that she may be involved in fraud, and her subsequent 10 nightmare days in custody amounted to horrific suffering.
This is according to the Supreme Court of Appeal in awarding her R580,000 in damages. Cynthia Khedama earlier won her case in the KwaZulu Natal High Court against the police. She was initially awarded R580,000 in damages, but on appeal before a full bench of the court the amount was reduced to R350,000.
Khedama appealed before the SCA against the reduced amount. She initially claimed R1 million in damages from the police. The SCA, in upholding the appeal, commented that in considering the treatment and conditions which prevailed in almost all places where she was detained, she rightfully must have thought that it would be better for her to rather die.
'The cruelty displayed by the police towards her leaves one with no room to imagine that the police thought that they were still dealing with a fellow human being. The treatment meted out to her was so harsh that one would perhaps be justified to think this was an effort to enable the appellant to be so frustrated as to rather take her life…It was even forgotten that she belonged to the human race,' the court remarked.
Khedama was arrested in December 2011 while she was on route to Turkey for a business visit, alongside her employer. Two police officers approached her, and she was led to a room at the airport where she was questioned.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
She was asked where she was going to and whether she had any fraud matters pending. She was accused of being associated with a 'kwerekwere' - a derogatory term for a foreign national - as her boyfriend was from Cameroon.
The officials demanded her suitcase to check whether she was carrying drugs. Although no incriminating items could be found on her, she was arrested. Khedama's explanation to the police that her ID document had been stolen and that she did report to the SAPS that the perpetrators were using her document, fell on deaf ears.
This was the start of her nightmare ordeal, as her hands were cuffed behind her back and she was taken to the police station. She was placed in a small cell, which was dirty with faeces and smelled terribly. She had no blanket with which to cover herself. She described how breakfast, bread and tea were thrown through a hole in the door.
Khedama testified that she was so distressed that she thought of taking her own life. A few days later she was told she was being transported to Cape Town. On the way, at Mthatha in the Eastern Cape, she was detained in a filthy police cell overnight in a leaking cell while it was raining. She spent the whole night crying.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

IOL News
2 hours ago
- IOL News
Cape town law enforcement officer appears in court for kidnapping and murder
Law Enforcement officer Thandile Khesa appeared in Blue Downs Magistrates' Court for kidnapping and murder. Image: Ayanda Ndamane Independent Media A City of Cape Town Law Enforcement officer appeared in the Blue Downs Magistrates' Court on Tuesday in connection with a kidnapping and murder case that has shocked the community. Thandile Khesa, 43, appeared composed as he stepped into the dock, where he was formally charged with kidnapping and murder. His arrest on Monday morning followed a multi-disciplinary, intelligence-led operation involving the Hawks, the Provincial Anti-Kidnapping Unit and Provincial Organised Crime detectives. State prosecutor Litha Duka told the court that Khesa allegedly used a marked City of Cape Town Law Enforcement vehicle to transport the victim from Bellville to the location where he was assaulted. The victim later died in hospital as a result of his injuries. CCTV footage allegedly captured the movement of the official vehicle from Bellville to Khayelitsha. Khesa has been added as the fifth accused in the case, joining Mogamat Samuels, Thokozani Kamnjunga, Existing Mudivari, and Yasseen Jele. The four co-accused are expected to appear in court on Thursday, 12 June, for a bail application. The State is opposing bail. Reading from the charge sheet, Duka explained: 'The deceased had gone to view a vehicle advertised by Accused 1, Samuels, and was subsequently kidnapped. The accused demanded a ransom of R100,000 from the victim's family. "The family managed to pay R5,000, but the victim was nonetheless assaulted and died of his injuries. Khesa used a marked City of Cape Town Law Enforcement bakkie in the commission of this crime.' Hawks spokesperson Siyabulela Vukubi provided further details, stating that the victim was last seen on 16 May in Kraaifontein by a friend, who said he was headed to Bellville to view a vehicle. A short time later, the victim phoned another friend, reporting that he had been kidnapped and was being assaulted. The suspects allegedly demanded a ransom of R100,000, later reduced to R10,000, of which R5,000 was paid. Investigators tracked the suspects to addresses in Philippi and Kleinvlei, which led to the arrest of the four initial accused. They were later led by one of the suspects to a shallow grave in the dunes between Monwabisi Beach and Macassar, where the victim's body was recovered. 'On 17 May 2025, the team followed all the leads that led them to addresses in Philippi and Kleinvlei which resulted in the arrest of the four accused. "The team was led to an open field on the dunes between Monwabisi beach and Macassar, where one of the accused pointed out a shallow grave where the victim was killed and buried," Vukubi said.


The South African
3 hours ago
- The South African
BUSINESS INSIGHTS: Unpacking tenant eviction in South Africa
As a landlord, one of the most frequent questions we hear revolves around the 'what ifs.' What if my tenant stops paying rent? What if they break the lease? What if they damage the property through negligence? For most landlords, tenant evictions are a last resort, however, it is important to arm yourself with the necessary tools in cases where you have no option but to seek legal recourse. The reality is that when good tenants go south, landlords can quickly find themselves entangled in protracted legal battles. In a notable case from Stellenbosch, a tenant recently amassed nearly R1 million in unpaid rent to two landlords. Despite court orders mandating repayment and the auctioning of his possessions, the landlords have yet to recover the owed funds. This situation underscores concerns that South Africa's tenant-friendly laws may inadvertently expose landlords to significant financial risks when tenants exploit legal protections. The Rental Housing Act of 1999 governs the relationship between landlords and tenants in South Africa, outlining the rights and responsibilities of both parties. Under this Act, tenants can only be evicted for valid reasons recognised by the law, which constitute a breach of a lease agreement. These include: Rental arrears. Persistent late or incomplete rent payments may lead to eviction, though some landlords allow a grace period to settle the balance. Engaging in illegal activities on the property. Tenants involved in criminal activities like theft, drug dealing, or sex work can be evicted with proper evidence. Property damage. Tenants must maintain the property reasonably; negligence or failure to report structural issues may result in eviction. Lease agreement expiration. If a tenant stays beyond the lease's end, and you have given notice according to the lease agreement and legislation, they become an illegal occupier and must vacate. As grounds for a legal eviction are based on a breach of the lease agreement, it's important to note that the 2022 Rental Housing Amendment Act requires that all lease agreements be in writing, which is the responsibility of the landlord. Any lease agreements that have been verbally agreed upon are not binding and therefore will not hold up in court. Under the Act, evictions cannot be based on discriminatory reasons, such as race, gender, ethnicity, religion, or sexual orientation. Furthermore, tenants cannot be evicted for requesting repairs and withholding rent until these repairs are made, forming a tenant's association or refusing to pay an unauthorised rental increase. If a landlord fails to follow proper eviction procedures, as outlined below, the eviction can be deemed unlawful and challenged by the tenant in court, even if the reasons for the eviction are valid. The Prevention of Illegal Eviction and Unlawful Occupation of Land Act No. 19 of 1998 (PIE Act) outlines the proper procedures for evicting illegal occupants as follows: Step 1. When a tenant violates the terms of the lease agreement, the landlord's initial step should be to send a formal letter to inform the tenant of the breach. The letter should include a specific timeframe, typically set at 20 business days, for the tenant to rectify the breach. Step 2. If the tenant does not vacate the property upon lease termination, the landlord must inform the tenant of their intention to seek an eviction order through the court. Following this notification, the landlord can initiate the eviction process by filing an application at the Magistrate's Court that holds jurisdiction over the property. Step 3. A written notice of the eviction hearing must be personally delivered to the unlawful occupier(s) of the property, by the sheriff at least 14 days before the court date. The notice must clearly specify the date and time of the hearing, detail the reasons for the eviction, and acknowledge the unlawful occupier's right to present a defence. Step 4. All parties are required to attend the eviction hearing in court. If the unlawful occupier(s) does not appear, the court may either postpone the hearing or proceed in their absence, potentially resulting in the court granting an eviction order. Step 5. If the landlord is successful, the court issues a warrant of eviction to the sheriff, authorising them to remove the tenant's possessions from the property. In terms of costs, even in the case of an unopposed eviction, your legal costs can range between R25 -R35,000, excluding the mandatory sheriff fees. This is why it's essential to thoroughly review a prospective tenant's rental application before signing a lease. This includes assessing their credit score, contacting references, and, in cases of uncertainty, conducting a background check. Sometimes the red flags aren't so apparent so it's crucial to perform due diligence. Have you experienced challenges with tenant evictions or have tips for fellow landlords? Share your thoughts, questions, or experiences in the comments below. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.

TimesLIVE
4 hours ago
- TimesLIVE
Two women in custody for 'beating friend to death over R1,000 theft'
Two women have been remanded in custody for the alleged murder of their friend, who they accused of stealing R1,000 in Mpumalanga. Lungile Khumalo, 25, and Queen Nhleko, 26, appeared in the Standerton magistrate's court on Monday. Their case was postponed to June 18 for a formal bail application. Provincial police spokesperson Lt-Col Jabu Ndubane said: 'The incident took place on June 6 at Sakhile. It is alleged that a 35-year-old woman was walking with her male friend when they were stopped by the two women who were friends with the victim [woman]. 'They accused her of stealing R1,000 at a party they attended together. 'The suspects reportedly took the victim and her male friend to a shack belonging to one of the suspect's boyfriend and upon arrival started assaulting them using an electric cable cord, shovel and further used a knife to stab them while demanding their money.' Ndubane said after realising that the woman was unconscious, the suspects took her to a clinic. 'The woman was certified dead. She had a knife wound on her back, bruises and a swollen head. Police were called to the scene and the suspects were arrested. They are facing charges of murder and attempted murder.'