“It is time for me — for all of us — to heal.”
These were the words of rape survivor Andy Kawa to mark the end of the final chapter in her lengthy legal battle for justice.
Nearly 15 years after the former Gauteng businesswoman was raped on the Gqeberha beachfront the police ministry was ordered to pay nearly R26m in damages — and given just 30 days to do so.
The rape survivor-turned activist said she was confident her case would be used to help other women and victims of gender-based violence (GBV) find justice. She was addressing the media on Wednesday, minutes after Gqeberha high court judge Ivana Bands granted an order based on a settlement reached between Kawa’s legal team and lawyers for the state.
The state was further ordered to cover Kawa’s legal fees, costs of procuring and obtaining reports from psychiatrists, psychologists and financial experts, and Kawa’s air travel to Gqeberha and accommodation to attend her trial.
The ruling follows the landmark Constitutional Court judgment in April 2022 that affirmed the SAPS' constitutional duty to protect women and children. It affirmed Kawa’s right to damages, meaning the state was found legally liable for negligent conduct in her case.
Kawa was attacked and raped multiple times in the dunes at Kings Beach in December 2010. Her trauma was compounded by the police’s failure to investigate the case properly.
Determined to hold them accountable, Kawa pursued justice through the courts and took her fight to the Constitutional Court, where judgment came back in her favour.
The win has been hailed as a “watershed moment” by GBV activists.
The issue of quantum (the amount of money due to Kawa) was argued over two days this week. Kawa’s legal team was led by advocates Timothy Bruinders SC and Nicole Lewis and attorney David Kapelus. The police ministry was represented by advocates Chris Mouton SC and Gerard Wolmarans. On Tuesday afternoon it became clear the parties were willing to negotiate a settlement.
Kawa’s claim was partially based on the gains on new deals she could have made had she not been rendered unable to work due to the horror incident. Her incapacitation had cost her millions in potential earnings, the court was told. She had enjoyed a two-decade career in business, serving in top leadership roles at several listed companies.
This case can now be used to help other victims of GBV to find justice. I hope the laws are going to change and the police are going to fix the dysfunctional system so we have deterrence — that rape is not tolerated in South Africa. I have to heal. My daughter has to heal. We all have to heal
Her rapist Moses Gqesha was found guilty in March on eight counts of rape, kidnapping, robbery and assault and sentenced to life in prison in May.
After the proceedings Kawa said her journey had been long, filled with pain, setbacks and courtroom battles.
“This case can now be used to help other victims of GBV to find justice,” she said. “I hope the laws are going to change and the police are going to fix the dysfunctional system so we have deterrence — that rape is not tolerated in South Africa. I have to heal. My daughter has to heal. We all have to heal.”
Kawa said she had committed herself to being a voice for other victims.
“This case proves survivors can challenge the state and prevail.”
She said what kept her going was the stories of other victims. “Every time I heard of another child, another mother, another boy being raped and killed, that made me want to continue. It is important that somebody stands up.”
Her mother Lungelwa, 92, who was by her side in court on Wednesday, was overwhelmed by the outcome.
“I’m happy inside. The pain I went through as a mother is unimaginable. What I’ve seen today [Wednesday] is a revelation. The Lord almighty has shown today that He is still among us.”
Mouton said he was happy the case had been finalised. “I’m sure it has been stressful for the plaintiff. We are all happy it has come to its conclusion.”
The founder of the Andrew Ziehl Foundation, activist Lindsay Ziehl, said: “It shows survivors will no longer accept poor policing.”
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