Cape Town - Hanover Park ward councillor Antonio van der Rheede received a warm welcome from dozens of supportive residents after being released on R1 000 bail in the Wynberg Magistrate’s Court.
Van der Rheede was arrested on Friday following allegations of rape after a Hanover Park woman reported him to police for allegedly offering her work opportunities in exchange for sexual favours.
The State has charged him with two counts of rape and sexual assault. In court, they said while these were schedule five offences they would not oppose his release on bail.
They asked that he be released on condition that he did not contact the alleged victim or go into the Hanover Park area.
Van der Rheede’s lawyer, John Riley, told the court that due to his work, he would not be able to do his job if he could not go back to Hanover Park.
“From the perspective of my client not going to the Hanover Park area, it’s problematic because the nature of his position as a ward councillor requires him to in fact exercise his responsibility,” Riley said.
He said the court should be balanced in its approach and could apply a limitation that the councillor inform the investigating officer when doing oversight visits in the area, and be limited to not entering the street where the woman lived.
Riley said the allegations came as a result of a complaint lodged to the speaker’s office wherein a statement was made that the councillor had inappropriately touched the alleged victim in 2018.
He said only on October 11 this year did the alleged victim come forward to submit an affidavit wherein it was mentioned that he allegedly penetrated the victim with his fingers.
“There is an indication at this stage already that the State doesn’t have a case here,” Riley said.
He said that in support of Van der Rheede’s release on bail, there was a petition by Hanover Park residents with over 1000 signatures, calling for the councillor’s release.
Magistrate Goolam Bawa said the court had a statutory obligation to consider if the interest of justice permitted his release and told Van der Rheede “there is no reason to detain you further”, before granting him bail of R1 000.
Outside court, anti-gender-based violence activist Sophia Fritz said: “Again the justice system has failed us as women.
“I stand with tears in my eyes because it could’ve been my daughter also. What happened here today was sad, especially for the family.”
CPF acting chairperson Weldon Cameron said: “We as the CPF are very disappointed in the way that this case was handled in court today; being a schedule five offence, we would’ve expected more. The fact that it is a case of gender-based violence, we also consider that the accused works with a lot of women under his guard on a daily basis, so the court should have considered otherwise and protected the rights of women in this regard.”
Van der Rheede was met with cheers as he walked out of court a free man. He said: “Charges are serious, I feel the law must take its course but I will be vindicated. The fact that predominantly women are here supporting me – if I was a rapist, no women would be here.
“I’ve spent most of my life fighting for the rights of women and youth and I will continue to do so. I actually feel sad that some woman is being used as an instrument in politics to further the narrow ends of few people.
“I believe that the justice system we have is one that is sterling and justice will prevail.”