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Police Minister Bheki Cele has been ordered to pay a hefty damages fine of R350,000 after arresting the wrong person.

In December 2011, an innocent Durban woman was on her way to Turkey from King Shaka International Airport, with her employer and his wife, when out of the blue 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 for about two hours regarding her journey, per IOL.

Not satisfied with her answers, the cops told her that she was going to be arrested, flinging her suitcase open in full view of the public and causing all her belongings to be scattered on the floor.

Cynthia Khedama was embarrassed and begged 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 though the police confirmed with the officer, Khedama was detained.

When her boyfriend came to collect her suitcase, the police insulted him by calling his partner a Kwerekwere– a derogatory term used to describe foreign nationals. At this stage, the worst was still to come for poor Khedama.

Upon transferring to Tongaat Police Station in the back of a police van, she was escorted to a small, dirty cell with faeces all over and a disgusting smell. She said there was a filthy grey blanket on the floor, but she had no blanket to cover herself.

She remained in these conditions from December 3 until December 9, 2011 – that’s 6 days.

It was only when her fingerprints were taken in Cape Town that it was revealed that she was not the person they were looking for. You would think they would let her go by now since the fingerprints proved her innocence, but no, Khedama was kept for another night and then, the following day, she was taken to the Philippi Magistrates’ Court where she was granted bail on December 12.

Charges were finally withdrawn in March 2012 when it was clear that she was not the person sought by police.

Rightfully so, Khedama sued the minister in 2013. Cele successfully appealed against a judgment which initially ordered him to pay Khedama R1 million after she was wrongfully arrested and held for 12 days. In the appeal, Cele’s department acknowledged its responsibility for the harm caused to Khedama but argued that the R1 million awarded to her was too high.

Judge Thoba Poyo-Dlwati agreed and said that the R1 million awarded to Khedama was out of proportion to the injury inflicted, short of being lavish and extravagant.

“I have considered the unlawfulness of the time spent in detention and the conditions experienced by Ms Khedama in the cells, the impairment of her dignity, good name and reputation and that her arrest in front of her employer and subsequent demotion would have been a humiliating experience for her.

“…the appropriate amount which I believe is fair and reasonable compensation for the damages arising from Ms Khedama’s unlawful arrest and detention is R350,000,“ said the judge.

Cele has been ordered to pay Khedama interests of R350,000 at the rate of 15.5% per annum, which will be calculated from the date of the initial judgment on January 17, 2022.

[source:iol]