TERRORISM AND ARSON ACCUSED ONCE AGAIN REFUSES TO ATTEND COURT

TERRORISM AND ARSON ACCUSED ONCE AGAIN REFUSES TO ATTEND COURT

Zandile Christmas Mafe once again refused to come out of his Pollsmoor Prison cell to attend the pre-trial conference at the High Court of South Africa: Western Cape Division. This time he did not furnish any reasons or make any demands but just refused to come out of his prison cell. The prosecutor, Adv Mervyn Menigo, told the court that several prison officials including the head of Pollsmoor Prison attempted to persuade the accused to get out of his prison cell, but he refused. It is the third time that he has pulled this stunt. At the first pretrial conference, Mafe refused to come out of the holding cells of the high court, telling court orderlies that he was on hunger strike and was dragged out of his bed at Pollsmoor Prison while dressed in pyjamas.

At the second pre-trial conference, he refused to leave his prison cell demanding that he be allowed to have a television set, a radio, and a kettle, as he wanted to listen and watch the news. He also wanted to make himself coffee and boil water for bathing as prison water was not warm. This morning his legal representative, Luvuyo Godla, told the court that he consulted with his client and their last consultation was on Tuesday. He was also surprised that he did not show up in court as the accused did not indicate that during their consolation. He told the court that the defence intended to request the court to refer Mafe for mental observation. He consulted with Mafe on this, and the accused understood the request for mental observation and indicated that he will cooperate.

The presiding officer, Judge Mokgoatji Dolamo, indicated to the parties that he was uncomfortable ordering Mafe to be sent for mental observation in his absence. Judge Dolamo, even suggested that the next pre-trial be held at the Pollsmoor Prison Court to ensure his attendance. Godla supported the suggestion but indicated that there was no guarantee that Mafe would attend court at the Pollsmoor Prison Court. The parties agreed to a short postponement for the defence to persuade Mafe to attend court, so that the court can make the order for him to be sent for mental observation in his presence.

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