Rape victim can claim from police

Rape survivor and Gauteng businessperson Andy Kawa won her civil claim against the minister of police, the Port Elizabeth High Court ruled yesterday.

If Kawa manages to prove damages she could receive just over R2.3 million from the state.

Almost eight years after a brutal attack that lasted 16 hours, Kawa sought justice by suing the the police for R5.8 million.

Judge Sarah Sephton in her judgment said the police’s negligent breach of its duties in failing to conduct a proper search and investigation, made it liable to pay 40% of her claim if she is able to prove damages.

The court also ordered the SA Police Service liable for Kawa’s costs of trial and legal counsel.

On December 9, 2010, Kawa was allegedly abducted while walking along Kings Beach, held hostage and gang raped for 15 to 16 hours.

She escaped from her abductors the next day.

In 2012, Kawa pointed out her alleged assailants during a protest march along the same beachfront, but the charges against the two men were withdrawn when DNA evidence failed to link them.

The defendants in the civil case included the police minister, Brigadier Ronald Koll and the two investigating officers who were assigned to her case.

Kawa claimed the police wrongfully and negligently breached its duty to investigate her allegations. She claimed they also failed to search the area of the car park at King Beach, where her car had been left and broken into. In addition, police were delayed in responding to the call by joggers who assisted Kawa after the attack.

According to court papers, one of the investigating officers in the case claimed that he was unable to conduct the investigation properly because of a lack of transport and insufficient airtime.

In court papers Kawa said she had to conduct the investigation into her own rape case and collect evidence. – ANA