Latest news with #Khedama
IOL News
9 hours ago
- IOL News
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.
The Citizen
2 days ago
- The Citizen
Wrongfully arrested woman wins nearly R600k after ordeal that drove her to consider suicide
The woman experienced planned to kill herself by overdosing on pills while in police custody. A woman who endured a harrowing 10-day detention after a wrongful arrest has been awarded nearly R600 000 in damages by the Supreme Court of Appeal (SCA). Cynthia Nobuhle Khedama initially sued the Minister of Police for R1 million over her arrest and detention, which she said left her humiliated and traumatised. Arrest and xenophobic abuse On 3 December 2011, Khedama was at King Shaka International Airport in Durban with her Cameroonian boss and his wife, preparing to depart for a business trip to Turkey. Two police officers approached and escorted her for questioning. She testified that officers made xenophobic remarks, stating she was being searched because she was with a 'kwerekwere', a derogatory term for foreign nationals. Despite no incriminating items being found during a search, she was arrested. ALSO READ: Potchefstroom man awarded R850k in damages after horrific ordeal of wrongful arrest, detention When asked to phone her parents, she told police they were deceased and instead requested they contact a Cape Town officer familiar with fraud allegations linked to her stolen identity document. Even after her story about the loss of her ID being reported to the South African Police Service (Saps) was confirmed by a Captain Bernard, the Durban officers insisted on further detainment. They later accused her of being involved with a 'kwerekwere' when she revealed her boyfriend was also a foreign national. Traumatic detention Khedama was taken to Tongaat Police Station and detained in a small, filthy cell. According to her, the toilet in the cell was very dirty with faeces and smelt terribly. She spent the night sitting and unable to sleep. The woman said no food was offered to her and later developed an intense headache. She testified that she was so distressed that she contemplated suicide, saving up headache tablets with the intention of overdosing. READ MORE: Daveyton man seeks R350k in damages after wife left him following unlawful arrest Although she was later given bread and tea, the stench of faeces in the cell made it impossible for her to eat or drink. She was also unable to touch the meal from KFC brought by her boyfriend. Throughout her detention at Tongaat Police Station, she was never given the chance to exercise, nor was she afforded any opportunity to bathe. On 5 December, she was taken to Verulam Magistrate's Court without a chance to apply for bail and informed she would be transported to Cape Town. The cross-country journey to Cape Town involved two overnight stops in deplorable cells in Mthatha and Monti in Eastern Cape, where she endured freezing conditions and no food. Bail release Upon arriving in Cape Town on 11 December, her fingerprints were taken again, confirming she was not the person police were seeking. Khedama appeared in the Phillipe East Magistrate's Court on 12 December. She was granted R1 000 bail later reduced to R500 on 12 December after explaining she cared for two children and had no funds. READ MORE: R1.66 billion in claims paid out by Saps for assault, wrongful arrest and detention over four years The woman returned to Durban shortly after and was eventually cleared when her identity was definitively confirmed in March 2012. The ordeal also had a lasting impact on her employment. Her boss and colleagues began to mistrust her, which ultimately led to her demotion from her position as sales manager. On a subsequent business trip, the same two police officers who had initially arrested Khedama approached her at the airport again – this time claiming they were 'just joking' and wanted to find out what had happened her. Woman sues police minister for wrongful arrest Khedama subsequently filed a lawsuit against the Minister of Police, seeking compensation for embarrassment and humiliation; defamation of character; physical and emotional distress; loss of freedom through wrongful arrest and detention; psychological trauma; as well as travel, subsistence, and related expenses incurred during her ordeal. She was initially awarded R1 million in damages. The Minister of Police appealed the ruling at the KZN High Court in Pietermaritzburg. This led to the damages being significantly reduced to R350 000, plus interest at 15.5% per annum from the date of judgment until payment. SCA judgment Khedama then took her case to the SCA, where the matter was heard on 2 May 2025. In a judgment delivered on 5 June, Acting SCA Judge Daniel Dlodlo ruled in her favour, concluding that there had been no evidence to suggest Khedama posed any threat to society, nor was she considered dangerous or violent. 'There are indeed more questions than answers in this case,' Dlodlo remarked. 'She did not only lose her seniority status at her employment; she suffered damage to her reputation as a result of being arrested and detained in the manner it was done. 'All this played out in the presence of her boss. The latter cannot be blamed for completely changing his attitude towards the appellant. He became suspicious of her and mistrusted her. 'The boss must have thought that the appellant was indeed the type of personality displayed by the police,' the further judgment reads. Dlodlo further pointed out the severe psychological toll of her detention. 'She rightfully must have thought that it would be better for her to rather die.' Considering the manner in which Khedama was treated during her detention, the judge found the high court's decision to reduce the damages awarded to be unjustified. He upheld her appeal and revised the damages awarded to R580 000. NOW READ: Mozambican man bags R270K in damages after 'xenophobic assault', unlawful arrest by SA police
IOL News
4 days ago
- IOL News
Police Minister ordered to pay Durban woman R580,000 for unlawful arrest in mistaken identity case
A Durban woman who was arrested at King Shaka International Airport and detained in a cell described as 'dirty' and containing faeces for a week due to mistaken identity has been awarded R580,000 in damages. This comes after the woman, Cynthia Khedama successfully sought relief at the Supreme Court of Appeal appealed against a judgment which had ordered police Minister Senzo Mchunu to pay her R350,000 after she was wrongfully arrested and held for 12 days. The amount was initially R1 million, however, Mchunu appealed, and the amount was then set at R350,000. On December 3, 2011, Khedama, who was 30 at the time and worked as a sales manager for a local fashion firm, was on her way to Turkey with her employer and his wife when she was stopped by police. She was seated in the international departures lounge when she was approached by two police officers who took her to a room and questioned her about two hours regarding her journey. After not being satisfied with her answers, they told her that she was going to be arrested. They took her suitcase and opened it in full view of the public and her belongings were scattered on the floor. To Khedama, this was very embarrassing. She explained that she urged the police to contact an officer in Cape Town who had previously spoken to her regarding fraud allegations after she had lost her identity document. Even after the police confirmed with the officer, they still detained her.
