Zandile Mafe at the Western Cape High Court in Cape Town for pre-trial proceedings on 24 February 2023. Picture: Gallo Images/Brenton Geach
Alleged Parliament arsonist Zandile Mafe‘s case has been postponed to November to determine his fitness to stand trial.
It was revealed in his last court appearance that Mafe had been declared unfit to stand trial, according to his psychiatric report, although his diagnosis was not disclosed.
The conclusion was made in by two psychiatrists and a psychologist following his 30-day mental assessment at Fort England Hospital in the Eastern Cape.
The defence was granted the opportunity to consult with an independent specialist who has since come to the same conclusion, the Western Cape High Court heard on Friday.
Mafe has, however, rejected both findings, which concluded that the suspect did not appreciate the wrongfulness of the acts he has been accused of.
His lawyer, attorney Luvuyo Godla has confirmed that an inquiry will now be held into his fitness to stand trial.
The inquiry has been scheduled for 2 and 3 November to allow Mafe accused to present his case.
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“Mr Mafe is disputing the findings of the panel from Fort England and is disputing the findings of the recently appointed expert.
“Now automatically when it is so what follows, the court will wait for his evidence to be led in court, not for purposes of determining his guilt, but for purposes of assessing in terms of section 77 inquiry whether he will be able to proceed and understand the proceedings or not,” Godla told reporters outside the court.
Mafe will remain in custody at the hospital section of Pollsmoor Prison.
Mafe faces charges of housebreaking with intent to commit arson, arson, terrorism and theft in connection with the Parliament fire on 2 January 2022, which destroyed the Old and New Assembly buildings.
The suspect was previously admitted to Valkenberg Hospital for a 30-day mental observation following his paranoid schizophrenia diagnosis.
He was later released from the hospital after his defence applied for a review of his referral.
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At the time, the Western Cape High Court found that the referral was “substantively and procedurally flawed” and resulted in “a gross irregularity”.
Mafe has repeatedly dismissed suggestions that he was mentally ill.
His bail applications has failed at least three times.
According to the state, Mafe demanded in his affidavit that President Cyril Ramaphosa resign, that Chris Hani’s murderer, Janusz Walus, be released from prison and that a R1 500 grant be provided to unemployed people after he allegedly burned Parliament.
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