Woman retains R580k payout as ConCourt curbs interest in wrongful arrest case
· Citizen
The Constitutional Court (ConCourt) has ruled in favour of the minister of police in a long-running wrongful arrest case, clarifying how interest is applied to damages awards.
The decision stems from a legal battle involving Cynthia Nobuhle Khedama, who was wrongfully arrested and detained for several days nearly 15 years ago.
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While she ultimately secured R580 000 in damages, the apex court has now curtailed the extent of interest payable on that award.
A trip that turned into a nightmare
Khedama’s ordeal began on 3 December 2011 at King Shaka International Airport in Durban, KwaZulu-Natal (KZN), where she was preparing to travel to Turkey for business.
Instead, she was stopped and questioned by two police officers, who used the xenophobic slur kwerekwere (foreigner) when referring to her Cameroonian employer.
She was subsequently arrested on suspicion of fraud linked to her lost identity document, which authorities believed had been used by unknown individuals to commit crimes.
What followed was a traumatic 10-day period in custody.
Khedama was moved between police stations in Tongaat, Mthatha, Monti and Cape Town, enduring harsh conditions throughout.
During her detention, she experienced “physical and emotional distress” – including freezing conditions, a dirty blanket that smelled of faeces and having no food – that led to her considering suicide.
SCA awards R580K for wrongful arrest and detention
In March 2012, charges against Khedama were withdrawn after fingerprint analysis confirmed she was not the suspect police were seeking.
She later pursued legal action against the state, serving summons in December 2013 and claiming R1 million in damages for her ordeal.
Although she initially succeeded in securing the full amount, the award was later reduced to R350 000 by the KZN High Court in Pietermaritzburg.
Khedama’s fortunes improved in June 2025 when the Supreme Court of Appeal (SCA) increased her compensation to R580 000.
The SCA also ordered that interest at 15.5% be applied from the date she instituted legal proceedings in December 2013 until judgment was delivered.
However, this aspect of the ruling became the focal point of the minister of police’s leave to appeal application.
Police minister raises broader concerns
In approaching the ConCourt, the minister’s legal team argued that the issue extended beyond Khedama’s case.
They submitted that the court should determine whether plaintiffs in unlawful arrest and detention cases are entitled to interest on general damages under the Prescribed Rate of Interest Act (PRI Act).
The matter, the lawyers argued, had “very wide ramifications”, particularly for state institutions frequently facing claims for general damages, including those arising from wrongful arrests and medical negligence.
They further contended that the ConCourt should exercise discretion in determining when such interest should begin to accrue.
Khedama’s legal representatives opposed the application, maintaining that there were no reasonable prospects of success and that it was not in the interests of justice to grant leave to appeal.
ConCourt finds interest award excessive
In a unanimous decision, all 11 ConCourt judges sided with the minister on the interest issue.
Penning the judgment, Judge Rammaka Steven Mathopo held that applying 15.5% interest from 2013 had the effect of significantly inflating the damages award.
“This would not only be unconscionable but contrary to the spirit and purport of the PRI Act,” the judgment states.
Mathopo further emphasised that there was “no rationale” to find that interest should run before judgment has been awarded in respect of general damages.
He explained that, prior to judgment, a defendant cannot reasonably determine the extent of harm or quantify the damages arising from its actions.
The apex court ruled that interest on general damages should only begin accruing from the date of judgment, not from the date summons is issued.
As a result, the minister’s appeal was upheld.
The court ordered that 15.5% interest for Khedama’s case be applied only from the date of judgment until the amount is paid.