Khedama v The Minister of Police

The appellant was unlawfully arrested at King Shaka International Airport on 3 December 2011 while preparing for an overseas business trip. She was interrogated, searched, and arrested by SAPS members based on suspicion linked to identity fraud and xenophobic assumptions about her associates. Despite no incriminating evidence, she was detained for approximately 10 days in various police stations (Tongaat, Mthatha, Monti, and Cape Town) under degrading, inhumane conditions. She was denied an opportunity to apply for bail initially, transported long distances in custody, subjected to filthy cells, lack of food, hygiene, and exercise, and suffered severe psychological trauma. Eventually, fingerprint verification confirmed she was not the suspect sought, and she was released on bail. The unlawful arrest and detention caused reputational harm and adverse consequences in her employment.

The appeal was upheld with costs. The order of the full court was set aside and replaced with an order directing the Minister of Police to pay the appellant damages of R580 000, together with interest from the date of service of summons and costs of the action.

The case reinforces constitutional standards in assessing damages for unlawful arrest and detention, emphasising that courts must move away from historically low awards and ensure compensation meaningfully reflects the seriousness of infringements of personal liberty and dignity. It affirms that the quality of detention and treatment is as important as the duration of detention in determining damages.