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.

However, she was allowed to make a call to her boyfriend who had to come and collect her suitcases.

When the boyfriend arrived, he tried to talk to the police, and they hurled insults at Khedama for dating a Kwerekwere- a derogatory term used to describe foreign nationals.

She was then taken to Tongaat Police Station in the back of a police van.

Upon her arrival, she was escorted to a small, dirty cell with faeces present, emitting a foul odour. Additionally, there was a filthy grey blanket on the floor, but she had no blanket to cover herself.

She said she was kept there from December 3 until December 9, 2011.

After a week, she was transferred to Cape Town where her fingerprints were taken, and it was proved that she was not the person they were looking for.

Despite fingerprints proving her innocence, Khedama was kept for another night. The following day, she was taken to the Philippi Magistrates’ Court where she was granted R500 bail on December 12.

She was assisted by her boyfriend to fly back to Durban.

Charges were finally withdrawn in March 2012 when it was clear she was not the person sought by police.

In 2013, she sought legal redress and sued the police minister.

During the appeal, acting Judge Daniel Vuminkosi Dlodlo acknowledged the lasting damage Khedama endured, not just psychologically, but also professionally, as she lost her seniority status at work and faced tarnished reputation.

"Instead of enjoying protection, she suffered in a cruel manner at the hands of the police during arrest and subsequent thereto. The appalling conditions she experienced as a detainee only served to exacerbate the bad treatment meted out to her by the police members," said judge Dlodlo.

"I am of the view that the amount of damages awarded by the full court must be revisited and set aside in order to be replaced with what is a fair amount. The fair amount of damages is the sum of R580,000." added the judge.

The judge ordered the amount to be paid with interest.

sinenhlanhla.masilela@iol.co.za

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