The Constitutional Court has ruled in favour of the Gqeberha businesswoman suing the South African Police Services for R5.8 million for alleged 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 alleged omissions in investigating her 2010 ordeal which lasted 15-hours after she was abducted, robbed and raped at Kings Beach.
On Tuesday, the Apex court granted her leave to appeal against a decision by the Supreme Court of Appeals to dismiss the judgment by the Port Elizabeth High Court which had ruled in her favour.
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.
