Zandile Mafe gestures during his appearance at Western Cape High Court on 13 July 2023. Picture: Gallo Images/Brenton Geach
Alleged Parliament arsonist Zandile Mafe has been declared unfit to stand trial, according to the contents of a psychiatric report.
This was revealed by Judge Nathan Erasmus in the Western Cape High Court on Thursday.
Mafe returned to court after his case had been postponed last month to allow the defence to consult with their client and study the findings of the two psychiatrists and a psychologist following the accused’s mental assessment at Fort England Hospital in the Eastern Cape.
The suspect had previously objected to being admitted to the Valkenberg Psychiatric Hospital in Cape Town.
During proceedings on Thursday, Erasmus lifted the ban on the findings of Mafe’s medical report and indicated that the suspect was also unable to appreciate the wrongfulness of the acts he is accused of.
The judge, however, did not disclose his diagnosis.
Erasmus then adjourned the case until 10 August after Mafe’s legal team informed the judge that they were not prepared to proceed and asked for a postponement so that a forensic psychiatrist could assess their client.
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The defence was expected to indicate whether they would contest the report’s findings on Thursday.
Speaking to eNCA outside the court, Mafe’s lawyer, attorney Luvuyo Godla, said an independent psychiatrist was needed to determine the defence’s next steps.
“It’s not something that is very easy to deal with in a very short space of time or cut corners because it’s about the life of Mr Mafe, so we need to follow due process,” he said.
Godla said the defence was not able to say whether it was disputing or accepting the findings because it was difficult for find a psychiatrist to assist with the case.
“We need a second opinion because remember if we simply accept the findings and it transpires at a later stage that we never verified the findings of the experts, surely we would be found negligent.
“We always need to do our level best and make it a point that a person’s rights are protected, especially when it has do with his life. If the court can act on these findings, Mr Mafe might be kept for the rest of his life as the state president’s patient,” he said.
The attorney also disputed suggestions that their move was a delay tactic.
Earlier, Mafe went on a rant, admitting to burning Parliament and accused the Democratic Alliance (DA) and the party’s federal council chair Helen Zille of being racist.
“I burn it intentionally… I’m gonna burn it more if it doesn’t move to Bloemfontein or Pretoria. Give me a life sentence of 25 years… I will be the next President in 2048,” he shouted in court.
“I want this Parliament to move from this white, racist right-wing DA. The DA must not be in the Parliament; they are killers and murderers and Helen Zille is just a meisie, racist right-wing DA,” Mafe added.
But Godla said Mafe’s utterances were not an admission of guilt, adding that his claims needed to be verified.
READ MORE: Alleged Parliament arsonist Zandile Mafe intends to sue government
“There could be many reasons why one would say I am pleading guilty. Mr Mafe has been complaining that he needs justice and on previous occasions said ‘why can’t I be sentenced, I am prepared to take life imprisonment’.
“We don’t [whether his outbursts] were out of frustration because he keeps on saying ‘I don’t see any reason of referring me to the Eastern Cape instead of giving me life imprisonment’. His conduct today raises a red flag to us and says we really need to engage an independent psychiatrist so that everything can be verified.”
Mafe’s first psychiatric assessment, which found that he had schizophrenia, was declared unlawful by the Western Cape High Court last year.
The accused 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.
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