ConCourt rules in favour of rape survivor -12 years after Kings Beach ordeal
The Constitutional Court has ruled in favour of a Gqeberha businesswoman who sued the police for R5.8 million for its failure to efficiently investigate her rape ordeal some 12 years ago.
Rape survivor Andy Kawa wants to hold Police Minister Bheki Cele and SAPS liable for omissions during the probe into her 2010 rape.
She was abducted, robbed and raped at Kings Beach in an 15-hour ordeal.
On Tuesday, the apex court granted her leave to appeal a decision by the Supreme Court of Appeal to dismiss the judgment by the Port Elizabeth High Court, which had ruled in her favour.
READ: SA’s ‘youngest serial rapist’ handed hefty sentence
Police Minister Bheki Cele had appealed at the SCA to overturn the High Court decision holding him liable for SAPS negligence in the investigation.
The Constitutional Court has found that the police search was below standard and negligent.
On December 9, 2010, Kawa was abducted while walking along Kings Beach, held hostage and gang-raped.
She claimed that the SAPS wrongfully and negligently breached its duty to investigate her allegation.
