[FILE] Zandile Christmas Mafe, a suspect in connection to a fire at the South African Parliament, appears at the Magistrate Court in Cape Town on January 11, 2022. – He is suspected of starting a devastating fire that gutted South Africa’s parliament.
A blaze broke out in the Cape Town complex before dawn on January 2, 2022 spreading to the National Assembly, the roof of which collapsed. (Photo by GIANLUIGI GUERCIA / AFP)
BREAKING: Mafe released from Valkenberg, bail set for Saturday
The Cape Town High Court set aside the ‘unlawful order’ that confined Zandile Mafe to observation at Valkenberg Psychiatric Hospital.
[FILE] Zandile Christmas Mafe, a suspect in connection to a fire at the South African Parliament, appears at the Magistrate Court in Cape Town on January 11, 2022. – He is suspected of starting a devastating fire that gutted South Africa’s parliament.
A blaze broke out in the Cape Town complex before dawn on January 2, 2022 spreading to the National Assembly, the roof of which collapsed. (Photo by GIANLUIGI GUERCIA / AFP)
Zandile Mafe’s defence successfully argued, in the Cape Town High Court, that the order that confined him to Valkenberg Psychiatric Hospital for observation was unlawful on Tuesday afternoon, 18 January.
MAFE REFERRAL TO VALKENBERG UNLAWFUL
Senior Counsel Dali Mpofu’s application to have the Magistrate’s Court order that sent the alleged Parliament arsonist to Valkenberg Hospital on 11 February succeeded with costs.
Judge President John Hlophe said the order was unlawful but reserved judgement, promising that the written judgement would be released within three months.
Mafe was sent for psychiatric evaluation after a preliminary diagnosis by Dr Zelda van Tonder, which alleged that the accused suffered from paranoid schizophrenia.
The medical report was dated 3 January – the day after Mafe was arrested. It became apparent that Mafe was not observed for the prescribed period of 72 hours. John Hlophe took issue with this.
“If you look at the mental health act – there’s a reference to 72 hours. The diagnosis is not a one-off thing. I can’t just look at you and say you are insane,” said Hlophe to the State, which was opposing the application. Magistrate Mbalo who made the Valkenberg order previously indicated that he would abide by Tuesday’s outcome.
“Once we determine that the magistrate acted unlawfully – the proceedings must be set aside.”
The Judge President stressed that Mafe’s Constitutional right to apply for bail cannot be denied but the State, which intends to oppose the application, can bring further information to the next court showdown on Saturday.
The court heard that Mafe was infected with COVID-19, which means that he would still be in isolation on Saturday, 22 January.
Mafe is expected to be released from the hospital on Wednesday morning and he will return to Pollsmoor.
The bail application is set for Saturday – but this is subject to change – and will be heard in the Cape Town Regional Court.
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