ZANDILE MAFE WILL NOT BE ABLE TO FOLLOW COURT PROCEEDINGS AND MAKE PROPER DEFENCE
Terrorism and arson accused, Zandile Christmas Mafe, will be unable to follow court proceedings and make a proper defence, as he was unable to appreciate the wrongfulness of his actions. Judge Nathan Erasmus, presiding over the case, told the High Court of South Africa: Western Cape Division this morning but refused to disclose the diagnosis by a panel of three experts who observed Mafe over 30 days at Fort England Psychiatric Hospital, in the Eastern Cape.
The state charged Mafe with housebreaking with intent to commit arson and arson, terrorism, and theft after he burnt down Parliament, destroying the Old and New Assembly Building of Parliament between 01 and 02 January 2022. In a rant that ran for more than 15 minutes on different occasions during the sitting, Mafe told the court that he burnt down Parliament and he will burn it down again unless it is moved to Bloemfontein or Pretoria. He also made political statements stating that protests in the country happened because of his incarceration.
The defence intervened to bring calm and for proceedings to continue. The defence counsel requested a six-weeks postponement, for them to get a psychiatrist of their choice who will consult with Mafe, the panel of experts and then draft a report which will assist them to determine whether they will challenge the report of the panel from Fort England Psychiatric Hospital. The defence told the court that they struggled to get a psychiatrist to assist them, but eventually managed to secure one.
Judge Erasmus was not pleased with the request: “I caused an email to be sent earlier in the week to enquire from the parties as to what the situation is. I received no response except from the prosecutor saying that he sent emails to the defence, and he didn’t get a response, so that I can prepare myself for today’s hearing which is in the middle of a court recess. We made ourselves available, we arranged with the IT department in the court building and everybody else to be there. We were kept in the dark until last night. This is totally unacceptable.”
Judge Erasmus emphasised that Mafe had a right to challenge the report if he so wishes. “On the other hand, I cannot blame Mafe who is sitting in a hospital ward in the prison for what’s happening today. And I understand that the accused was held in the Eastern Cape and was only brought here shortly before his appearance in court. So it would have been difficult to engage with the contents of the report. I find it unacceptable that there was that delay, although I granted an indulgence until today for this matter to be considered, whether the defence wants to dispute the findings of the panel or not as the State has indicated they are accepting the report.”
Judge Erasmus granted the defence three and a half weeks of postponement and indicated that it was a final postponement. The case has been postponed until 10 August 2023.
