Zandile Christmas Mafe’s bail application to be heard again after judges’ split decision

Alleged Parliament arsonist Zandile Christmas Mafe’s appeal of his bail denial will be reheard by the Western Cape High Court on 30 May 2022.

Judge James Lekhuleni and Judge Daniel Thulare on 25 April heard marathon arguments on the appeal application and reserved judgment.

On Tuesday, the spokesperson for the National Prosecuting Authority (NPA) in the Western Cape, Eric Ntabazalila, said the judges came to a split decision on the matter.

Ntabazalila said a third judge was appointed to hear the appeal next week.

“Yesterday [Monday] parties were informed that the arguments will be reheard at 9am, 30 May 2022,” he said in a statement on Tuesday.

The appeal of the bail denial came after the Cape Town Regional Court in February ruled that the defence failed to prove exceptional circumstances as to why Mafe should be released on bail.

ALSO READ: Zandile Mafe’s case postponed as defence awaits bail appeal ruling

Mafe was arrested in connection with the Parliament fire on 2 January 2022 that destroyed the Old and the New Assembly buildings in Cape Town.

He was allegedly caught with stolen property and apparently confessed to starting the fire in Parliament, but his legal team rubbished the “so-called confession” obtained from him by police.

Mafe faces charges of housebreaking with intent to commit terrorism and arson, arson, terrorism and theft.

Bail denial appeal

During the appeal in April, senior state advocate Mervyn Menigo argued that the court – having had regard to the evidence and the arguments made by counsel – correctly found that Mafe’s lawyers had failed to provide exceptional circumstances for his release on bail.

Menigo argued that Mafe’s release was not in the interests of justice.

“The appellant has not advanced any arguments or raised any material misdirection on the facts and law which may lead this court of appeal to a finding that the decision of the bail court was wrong in terms of Section 65 (4) of Act 51 of 1977. 6.3. The Appeal should accordingly be dismissed,” he said.

Meanwhile, Mafe’s pro-bono lawyer, advocate Dali Mpofu, argued that the refusal of bail was against his client’s constitutional right to freedom.

Mpofu also said the confession obtained from Mafe was not admissible in court and that it “belongs in the dustbin”.

Case to be transferred to high court

At the same time, the case against Mafe was postponed to 9 June 2022 by the Cape Town Magistrate’s Court.

This after the state said a final damage report to Parliament would be ready on 20 May 2022. 

Advocate Menigo told the court that a crime scene and arson report would also be finalised soon.

“He promised that all outstanding reports will be ready as well as the authorisation certificate which is required when an accused is charged with a terrorism charge.

“He also assured the court that the accused will be served with an indictment and the case will be transferred to the High Court of South Africa: Western Cape Division at the next appearance.”

Magistrate Ronel Oliver requested that the indictment against Mafe should be ready to be served on 9 June 2022.

Compiled by Thapelo Lekabe

NOW READ: Parliament fire suspect’s attorney accuses government of making him scapegoat