The Supreme Court of Appeal (SCA) has ruled in favour of Cynthia Nobuhle Khedama, awarding her R580 000 in damages for her unlawful arrest and detention.
Khedama’s ordeal began on 3 December 2011 at King Shaka International Airport, where police interrogated her about her travel and the nationality of her boss in a derogatory manner. Claiming to conduct a drug check, they searched her suitcase before ultimately arresting her.
She had been preparing for a business trip to Turkey to source fashion items for a store owned by her employer in Durban. Two uniformed police officers approached her and led her to an interrogation room at the airport. They questioned her about her travel plans, whether she had any pending fraud matters, and the identity of her travel companions. She was further asked about the nationality of her boss, to which she replied that he was from Cameroon.
During her 10-day detainment, Khedama endured appalling conditions at several police stations, including Tongaat and Monti, where she was placed in filthy cells without bathing opportunities. The psychological distress she suffered led her to contemplate suicide, further aggravated by professional mistrust following her release.
Legal battle and final ruling
Before the trial court, Khedama sought damages from the Minister of Police for a range of violations, including humiliation, defamation, wrongful detention, psychological trauma, and travel expenses, amounting to R1 000 000.
While she succeeded in the trial court, her damages award was reduced on appeal by the Kwazulu-Natal Division of the High Court, Pietermaritzburg, which adjusted the sum to R350 000 plus interest. Dissatisfied with the decision, she appealed to the SCA for reconsideration.
Police accountability and reform
On 5 June 2025 ruling, the SCA upheld her appeal, affirming that her suffering warranted a higher compensation award. “Accordingly, I am of the view that the amount of damages awarded by the full court must be revisited and set aside to be replaced with what is a fair amount. The fair amount of damages is the sum of R580 000,” Acting Judge DV Dlodlo stated in the judgment.
The court further remarked, “Everyone has the constitutional right not to be treated in a cruel, inhuman, or degrading way.” In addition to awarding R580 000 in damages, the SCA ordered the Minister of Police to bear all legal costs, including the engagement of two counsels.
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