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Andy Kawa: "Justice delayed is justice denied"


Fast asleep in a park.

This is where a Gqeberha detective apprehended the man who allegedly raped Gauteng businesswoman, Andy Kawa, more than 13 years ago.

The now 60-year-old Kawa was abducted while walking along Kings Beach in Summerstrand on 9 December 2010.

She was held hostage, and raped for 15 hours before she managed to escape from her abductors the next day.

In the past, police arrested a man who was found with Kawa's belongings, however, he could not be linked to the rape, abduction, and assault.

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out her alleged assailants during a protest march along the same beachfront, but the charges against the two men were withdrawn when DNA evidence failed to link them to the brutal attack.

Also read: Major breakthrough in Andy Kawa rape case 

However, the resilience of Detective Warrant Officer Thabang Shilajoe from the Family Violence Child Protection and Sexual Offences Unit in Gqeberha paid off when he finally arrested the man believed to be responsible for the crime.

The 48-year-old bush dweller who lives in the Summerstrand area was fast asleep in a park when Shilajoe nabbed him, after being on his tail for months.

The man, who cannot be named until he has pleaded, appeared in the city's Magistrates Court on Thursday, where he was charged with three counts of rape.

Dressed in a black faded t-shirt, the accused stood shivering in the dock and was heard mumbling that he did not know what he was doing there.

He indicated that he wanted to apply for Legal Aid, and was assisted by an attorney from Legal Aid South Africa who was present in court.

State Prosecutor Fundile Matoto told the court that the case was a "fresh matter" although the offence dated back to 2010. 

He said DNA-evidence linked the accused to the case. 

According to Matoto, the state would be opposing the accused's release on bail. 

"This is a Schedule 6 offence and the address in Zwide that the accused has given the court still has to be verified," he said. 

Before he was escorted back to the holding cells, he raised his hand and loudly enquired about his shoes.

He had appeared in court barefoot.

It is understood that his shoes were removed at the Humewood police station.

Police said the man was first arrested in June 2020 for possession of suspected stolen property for a crime that was committed in the Mount Road policing area.

At the time, a DNA sample was taken from the suspect, as is required in investigations, but the case was withdrawn against him and he was released in October 2020.

Three years later, his DNA on the possession of suspected stolen property case matched that of Kawa's rape case in 2010, police confirmed.

Police spokesperson Colonel Priscilla Naidu said police have been searching for the suspect ever since.

"Through excellent networking, the suspect was arrested at about 11:30 on 30/01 while sleeping in a park," said Naidu.

Kawa, who would not be drawn into commenting on the latest twist in her harrowing ordeal, only stated: "Justice delayed, is justice denied."

She is set to testify in the Gqeberha High Court on 19 February, where she is suing the South African Police Service (SAPS) for damages just short of R6 million.

In April 2022, the Apex Court granted her leave to appeal against a decision by the Supreme Court of Appeals to dismiss the judgment by the Gqeberha High Court, which had ruled in her favour.

Kawa took the minister to court for damages in 2013, claiming an alleged failure on their part to conduct a proper investigation and to ensure that the perpetrators were brought to book.

The case against the accused was remanded to 5 February.