Condemning the Egregious Miscarriage of Justice in the Arrest of Yakhe Kwinana

MEDIA STATEMENT 

Johannesburg, Friday, 28 March 2025 - Public Interest SA expresses its deep concern over yet another gross failure in the administration of justice by South Africa’s criminal justice system. The recent treatment of former South African Airways (SAA) board member Yakhe Kwinana is nothing short of a travesty, an affront to the principles of fairness, human dignity, and the rule of law.

Ms Kwinana, a former chartered accountant who infamously discredited herself and the accounting profession when she appeared before the Zondo Commission, was subjected to a callous and unjustifiable arrest and detention that bore all the hallmarks of malice and prosecutorial overreach. Her arrest, in a matter in which she is herself apparently a victim, represents an egregious abuse of power by law enforcement authorities who appear to have disregarded her constitutional rights in favour of grandstanding and retribution.

It is patently clear that implicit bias played a role in her arrest. Instead of conducting a thorough and impartial investigation, the police opted to treat Kwinana as a criminal, despite her demonstrated cooperation with authorities. Also, it appears that the matter was not properly investigated before an arrest was made and, as has become customary, it may yet be another instance of rushing to prosecute without proper investigations having been conducted yet. This unjust incarceration appears to be motivated by her previous legal entanglements, including the fallout from her testimony at the Zondo Commission and her recent striking off the SAICA roll of chartered accountants.

This case raises troubling questions:

• Why was Ms Kwinana arrested in a different jurisdiction and detained for over a week when she clearly poses no flight risk nor interference with any investigation?

• Why was she not afforded the same courtesy extended to many high-profile suspects who are simply issued warnings to appear in court?

• Why was the due process of law cast aside in favour of an unnecessary display of force by a group of heavily armed police who descended on her property?

These glaring inconsistencies, coupled with the fact that charges were reportedly dropped against the security officers involved in the eviction matter, paint a disturbing picture of selective prosecution and malicious intent.

Let us not forget that Ms Kwinana is currently out on bail in an unrelated matter and has never violated her bail conditions.

South Africa’s Constitution enshrines human dignity as both a fundamental right and a core value. Section 10 explicitly states that “Everyone has inherent dignity and the right to have their dignity respected and protected.” The treatment meted out to Ms Kwinana stands in direct contravention of this principle.

Ms Kwinana may not be a paragon of ethical citizenship, but she is still entitled to fair and equal treatment like everyone else.

Public Interest SA welcomes the court’s decision to grant Ms Kwinana bail, though the damage inflicted upon her already-battered reputation and personal liberty is immense. Should she prevail in this matter, the state — indeed, taxpayers — could be held liable for damages for wrongful arrest and detention.

We call on law enforcement authorities and the National Prosecuting Authority (NPA) to reflect on this case and ensure that the principles of justice and fairness are not sacrificed at the altar of personal vendettas and bureaucratic misconduct. This should serve as a teachable moment for our criminal justice system — justice must be pursued without fear, favour, or prejudice.

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