Outrage as CPUT student accused of rape is granted bail

A 24-year-old Cape Peninsula University of Technology (CPUT) student accused of raping a fellow student at the Catsville residence in Observatory has been granted bail of R5 000, a decision that has sparked anger among students.

The accused, who cannot be named, appeared for the third time in the Cape Town Magistrate’s Court on Monday, where the state opposed his release.

The schedule five bail application required the accused to prove that his release would be in the interest of justice rather than placing the onus on the state to justify keeping him in custody.

The alleged rape has sent shockwaves through the CPUT community, igniting protests and renewed calls for stronger action against gender-based violence on campus.

While fewer students gathered outside court compared to last week’s appearance, tensions remained high as many awaited the outcome of the bail hearing.

During proceedings, it was revealed that nearly 1 200 students had signed a petition urging the court to keep the accused in custody.

In an affidavit, the accused, an education student, pleaded for his release, saying his continued detention would jeopardise his studies.

“Should I not be able to write exams I will fail my course and have to repeat subjects in my third year,” he said. He added that he feared losing his academic funding and promised to comply with his suspension from CPUT.

He told the court that he had been sleeping on the floor of a lice-infested cell, adding that his mental health had deteriorated. “I’m starving and my anxiety and paranoia keep me up at night,” he said.

The court ruled that the accused was not a flight risk and that there were no exceptional reasons to justify keeping him in custody.

The court acknowledged that the state’s case appeared strong but said the accused was entitled to bail under the circumstances.

The bail was set at R5000 with conditions stating that he may not interfere with the complainant and witness.

He must also report to a designated police station three times a week and he must abide by CPUT suspension conditions and is therefore not allowed on Campus or at res.

Cape Argus has since reached out to CPUT for comment on their set conditions relating to criminal offence cases.

The matter has been postponed to February for further investigation.

Students have vowed to continue calling for justice and accountability, saying the ruling undermines the fight against gender-based violence in tertiary institutions.

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Cape Argus