Andy Kawa’s experience of gang rape and the subsequent incompetence of the South African Police Service is, grimly, all too familiar. On December 9, 2010, Kawa was held hostage and gang raped for several hours. When she finally managed to escape and report the incident, SAPS officers were not competent in the management of her case; leaving her further revictimized by the experience. For this reason, she sought justice via a civil suit against the Minister of Police and SAPS, by extension.
Although Ms. Kwawa initially won the negligence case against SAPS , they appealed the judgement. Tomorrow, February 9, 2021, The Wise Collective (WISE 4 Afrika) will join the Andisiwe Kawa vs Minister of Police case as amicus curiae at the Constitutional Court where the matter is set to be heard at 10h00.
WISE’s arguments will be centered around the failure of SAPS to mitigate secondary victimization of gender based violence victims and survivors whereby police investigations are not treated with the highest degree of seriousness, care and skill to ensure justice for victims and survivors. Click here for the case summary published by the Constitutional Court, including a summary of WISE’s submission.
Together we stand with Andy Kawa, on behalf of the many victims and survivors of gender based violence, to demand (#WomenDemand) our constitutional right to safety #Right2Safety, we demand an end to gender based violence and require accountability and leadership from the State. We urge those who can, to stand in solidarity online using #WomenDemand #Right2Safety and watch the live proceedings at the online, the matter is sat down for 10h00.
The WISE legal team, led by Adv Reghana Tulk supported by Adv Mokgoroane and Adv Madumise will present arguments on the State’s responsibility to serve and protect.
Click here to read WISE’s legal papers