Suspected Parliament arsonist Zandile Mafe released from psychiatric hospital

Alleged Parliament arsonist Zandile Christmas Mafe has been released from the Valkenberg Psychiatric Hospital in Cape Town following a court order, the National Prosecuting Authority (NPA) has confirmed.

The Western Cape High Court on Tuesday declared Mafe’s referral to the psychiatric hospital for a 30-day mental observation was unlawful.

The high court ordered that Mafe be released immediately and transferred to Pollsmoor Correctional Centre.

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“He should be released first thing [Wednesday] morning and placed in a normal corrections facility, and taken out of Valkenberg. That order was made improperly,” Judge President John Hlophe ruled.

While Hlophe reserved the judgement in the review application of Mafe’s referral, the judge further ordered the 49-year-old’s bail to be heard at Cape Town Regional Court on Saturday, 22 January.

‘Irregularities’

NPA Western Cape spokesperson, Eric Ntabazalila indicated that the state has accepted the court’s decision after the application succeeded with costs.

Ntabazalila said Mafe was only admitted for mental observation because he was diagnosed with schizophrenia with paranoia but acknowledged there were “irregularities” in regards to the referral.

“During the proceedings, the NPA conceded that there were irregularities with the referral as more information should have been made available to the presiding officer with the referral of the accused.

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“The NPA emphasized that its decision to refer the accused for mental evaluation was based on a diagnosis and recommendation of Dr Zelda van Tonder,” he said.

“Advocate Mervyn Menigo argued that, if the defence succeeds in its application, the referral must be referred back to the district court so that it is to be done properly by a different magistrate. The state will wait for the judgment with the anticipation that that request is addressed,” Ntabazalila added.

The state is expected to oppose the bail application.

Mafe’s legal team – consisting of advocate Dali Mpofu and attorney Luvuyo Godla – had challenged the referral, arguing that it was unlawful and unconstitutional.

Charges

The 49-year-old is facing six charges including one count of terrorism.

The state argued that Mafe was in contravention of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act because he “unlawfully and intentionally delivered, placed, discharged or detonated an explosive device” onto the Parliament building, with the intention of causing destruction that was likely to result in economic loss.

The accused initially faced two counts of arson, theft, housebreaking with intent to steal, destruction of essential infrastructure, and possession of explosive devices.

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The destruction of essential infrastructure charge was withdrawn and replaced with the terrorism charge.

Mafe, who is from Khayelitsha, was arrested in connection with the Parliament blaze on 2 January that destroyed the Old and the New Assembly buildings.

He was allegedly caught with stolen property after gaining entry to the parliamentary precinct in Cape Town.

The Hawks have since taken over the investigation.

Additional reporting by Cheryl Kahla, Siyanda Ndlovu and Getrude Makhafola