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
TimesLIVE
2 hours ago
- TimesLIVE
Daughter sentenced to life after pleading guilty to murder of her father
The Polokwane High Court has sentenced Mologadi Magdeline Mehlape to life imprisonment after she pleaded guilty to the brutal murder of her father, Dr Malekutu Johannes Mehlape, in 2023. Dr Mehlape was circuit manager at the Limpopo education department Mehlape, 28, was convicted of murder and robbery with aggravating circumstances. In addition to life imprisonment for murder, she was sentenced to 15 years for robbery. The sentences were ordered to run concurrently, National Prosecuting Authority spokesperson Mashudu Malabi-Dzhangi said on Wednesday. The trial of four other accused — Tshepo Gabriel Ranoto, 34, Hlologelo Klaas Mogotlane, 34, Mahlodi Melida Mathole, 34, and Michael Sello Molongoane, 42 — was separated from that of Mehlape on Wednesday. They face charges of conspiracy to commit murder, murder, robbery with aggravating circumstances and possession of an unlicensed firearm and ammunition. Their trial was postponed until June 20. 'The court heard that Mehlape, who is the daughter of the deceased, orchestrated the murder following claims made by a traditional healer, Mogotlane, who alleged that her father was responsible for her mother's death through the use of 'muti'. 'When attempts to retaliate using traditional means failed, Mehlape enlisted the help of various family members to hire a contract killer, agreeing to pay R200,000 for the murder.' On the night of the incident at her father's home in Mankweng Zone 1, outside Polokwane, on December 28 2023, the accused unlocked the gate and main door, granting the perpetrators access to the house. 'The deceased was ambushed in his bedroom while asleep, shot multiple times, and robbed of several valuables, including his cellphone.' In mitigation of sentence, Mehlape apologised to her family and said she was the primary caregiver of her21-month old daughter and had unresolved disputes with her father. However, state advocate Muneiwa Ratshibvumo argued that the guilty plea was motivated by overwhelming evidence rather than genuine remorse. She described the murder as 'gruesome and heartless,' urging the court to impose the prescribed minimum sentence. 'The NPA welcomes the conviction and life sentence, viewing it as a clear affirmation of the justice system's resolve to hold perpetrators of serious and violent crimes accountable.'
The South African
4 hours ago
- The South African
North West pastor sentenced to 15 years in jail for armed robbery
A local pastor, Petrus Phuthego Gasengake, was sentenced to 15 years in prison after being convicted of a violent robbery at the home of a female congregant in Ramosadi Village near Mmabatho in the North West. The Molopo Regional Court handed down the sentence after Gasengake, 48, was found guilty of robbery with aggravating circumstances. According to an NPA media statement, the incident took place on 4 April 2021, when Gasengake visited the home of a woman from his church. Upon arriving, he ignored two other people in the house and headed straight for the victim's bedroom. An argument soon escalated, during which Gasengake attacked the woman, choking her and threatening her with a knife. He stole R4,000 in cash, her bank cards, and the keys to her car. He then fled the scene using the stolen vehicle. After the robbery, Gasengake drove to his home in Lichtenburg, where he stabbed his wife without any provocation. He then fled the area, prompting police to open cases of robbery and attempted murder. Two days later, on 6 April Gasengake was arresteed in Vryburg after the stolen vehicle was traced. The victim positively identified him during a police lineup. Gasengake was also previously convicted in November 2022 for the attempted murder of his wife, for which he received a 10-year sentence. This latest robbery conviction adds to his growing list of criminal offenses. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
7 hours ago
- IOL News
Pastor who robbed and choked female congregant sentenced to 15 years
A North West pastor has been sentenced to an effective 15 years in jail for robbery with aggravating circumstances. Petrus Phuthego Gasengake was sentenced in the Molopo Regional Court on Tuesday. According to the National Prosecuting Authority (NPA), Gasengake, a pastor at a local church, was convicted in connection with a violent incident that took place on April 4, 2021, at the home of a female congregant in Ramosadi Village near Mmabatho in the North West. NPA regional spokesperson, Sivenathi Gunya, said Gasengake entered the complainant's home, bypassed two individuals present, and proceeded to her bedroom. "An argument broke out during which he choked the complainant and threatened her with a knife," said Gunya. He then stole R4,000 in cash, bank cards, and car keys before fleeing the scene in the victim's vehicle. Following the robbery, Gasengake drove to his home in Lichtenburg, where he stabbed his wife without provocation.
