TERRORISM AND ARSON ACCUSED REFERRED FOR EVALUATION
The High Court of South Africa: Western Cape Division has ordered Zandile Christmas Mafe to be transferred and be detained at Fort England Psychiatric Hospital, Eastern Cape, to undergo a thirty-day mental evaluation.
Judge Nathan Erasmus further ordered the psychiatrists at the hospital to enquire whether the accused, by reason of mental illness and intellectual disability is capable of understanding the court proceedings so as to make a proper defence; whether at the time of the commission of the offence he appreciated the wrongfulness of the act in question and whether his appreciation of the wrongfulness of his act at the time was affected by mental illness or intellectual disability or any other cause.
Judge Erasmus further directed the head of the hospital to submit reports, made in terms of Section 79 of the Criminal Procedure Act, 51, 1977, to his registrar, who will then share them with the state and defence, and to the Deputy Director of Public Prosecutions in Makhanda, Eastern Cape, on or before 08 May 2023. Judge Erasmus also directed that a transcript of evidence taken at the pre-trial must be made and furnished to the head of Fort England Hospital and Psychiatrists.
The state charges Mafe with housebreaking with intent to commit arson and arson,
terrorism, and theft after he allegedly burnt down Parliament destroying the Old and New Assembly Building of Parliament between 01 and 02 January 2022. It is the second time that this accused has been ordered to undergo mental evaluation. He had a short stint at Valkenburg Psychiatric Hospital following a recommendation made by a district surgeon during his first appearance at Cape Town Magistrates’ Court. That order was successfully reviewed at the high court on a technicality and Mafe was returned to Pollsmoor Prison.
After that there have been three occasions where he has refused to attend court either demanding to be provided with a kettle and flat screen television set or claiming that he is on hunger strike or bluntly refusing to leave his prison cell. At the last appearance before Judge Erasmus, he told the court that he will not go back to Valkenburg Psychiatric Hospital.
Mafe will be returned to Pollsmoor Prison at the end of his mental evaluation at Fort England Psychiatric Hospital and will return to the high court for another pre-trial conference on 08 May 2023.
