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Zandile Mafe’s bail appeal dismissed, but ‘it’s not over’, says his lawyer
The suspect is expected back at Cape Town Magistrate’s Court on 9 June.
Zandile Christmas Mafe during his bail application at Cape Town Regional Court on 29 January 2022 in Cape Town. Picture: Brenton Geach/Gallo Images
Alleged parliament arsonist Zandile Christmas Mafe‘s bid to appeal the dismissal of his bail application has failed.
The appeal application was heard on Monday by the Western Cape High Court yet again after Judge James Lekhuleni and Judge Daniel Thulare came to a split decision on the matter.
With a third judge – Constance Nziweni – presiding over the case, the court has since decided to dismiss Mafe’s bail appeal application.
The appeal followed the Cape Town Regional Court’s judgment in February, which ruled that the defence failed to prove exceptional circumstances as to why Mafe should be released on bail.
Earlier in Monday’s proceedings, Mafe’s lawyer advocate Dali Mpofu argued that the alleged confession given by his client was induced.
“How can anybody [or] the state say this person is not of sound mind to an extend that we have a diagnosis to it, but that very same state is saying that person is capable of making a concession,” he said.
ALSO READ: NPA says defence ‘failed dismally’, has ‘strong case’ against Zandile Mafe
Mafe was admitted to Valkenberg Psychiatric Hospital for a 30-day mental observation after being diagnosed with schizophrenia with paranoia.
But he was released from the hospital after his defence applied for a review of his referral.
Mpofu also argued that Mafe was not a threat to society and further criticised the state for its “inefficiencies” because his client has been in custody for five months.
“The day we don’t take into account that a human being has been sitting for five months in jail and a large part of that is due to the inefficiencies of the police, the prosecutor and magistrate. If we could subtract those things, he would be free,” the advocate said.
Mafe’s other attorney, Luvuyo Godla, said they welcomed the court’s ruling, adding that the legal team would launch another appeal.
“Obviously, we have indicated that we will appeal. And if it needs us, after consideration of the judgment, to appeal up until last the last court of the land we will surely do so. But I can tell you now, it’s not over, ” he said.
Charges
Mafe is expected back at Cape Town Magistrate’s Court on 9 June after prosecutor Mervyn Menigo indicated that some forensic reports were still outstanding.
The suspect’s case was previously postponed in March, as the state’s investigators needed more time to assess the crime scene.
He is facing charges of terrorism, arson, theft and housebreaking with intent to steal, among others.
Mafe was arrested in connection with the parliament fire on 2 January that destroyed the Old and the New Assembly buildings.
He was allegedly caught with the stolen property after gaining entry to the parliamentary precinct in Cape Town.
According to News24, Mafe spent the entire New Year’s Day inside parliament having entered after midnight.
READ MORE: Parliament fire suspect’s attorney accuses government of making him scapegoat
The 49-year-old reportedly avoided detection by crawling and covering his head with a jacket.
He allegedly set a pile of boxes on fire 26 hours later and then called the police from inside the National Assembly.
According to the state, Mafe demanded in his affidavit that President Cyril Ramaphosa resign by 8 January, that Chris Hani’s murderer, Janusz Walus, be released from prison on 11 February and that a R1,500 grant is provided to unemployed people after the burning of parliament.
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