[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)
‘We can’t be held at ransom’: State sneers at Zandile Mafe’s threat of hunger strike
‘If there is a bail application and he doesn’t get released, does that mean he will go on hunger strike until he dies?’ said the State.
[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, the man accused of starting the devastating Parliament fire, made his second appearance before the Cape Town Magistrate’s Court on Tuesday, 11 January.
Mafe’s defence, now led by “The People’s Advocate” Dali Mpofu, was caught off guard by new evidence submitted by the State.
ACCUSED CHARGED WITH SCHEDULE 6 OFFENCE
Mpofu said Zandile Mafe’s legal team were presented with documents, by the State, before the trial on Tuesday morning, which said Zandile Mafe was preliminarily diagnosed with paranoid schizophrenia by district surgeon Dr Zelda van Tonder.
The State also told the court that it is withdrawing the earlier charge of destruction of essential infrastructure and replacing it with a new charge related to the Contravention of the “Terrorism Act” – a schedule 6 offence, which means the onus now rests on the defence to argue why Mafe should be granted bail.
MAGISTRATE AGREES WITH STATE
Magistrate Zamekile Mbalo agreed with the state in that there was prima facie evidence that the accused suffered from mental illness and ruled in its favour.
Mafe was remanded to the Valkenberg Psychiatric Hospital for 30 days of mental observation. However, the facility is full and he must return to prison until a bed becomes available.
The accused’s next court appearance is on 11 February.
‘THERE’S NOTHING WRONG WITH ME’
National Prosecuting Authority (NPA) spokesperson in the Western Cape Eric Ntabazalila said the State was successful despite the protestations by the defence.
The defence said Zandile Mafe insisted that “there is nothing wrong with him” and added that the accused would go on a hunger strike if his bail application did not start on Tuesday.
“He doesn’t understand why the state that never fed him when he was on the streets is now so keen to feed him.
“He believes he has been made a scapegoat. My client does is not prepared to trade his liberty for food,” said Mpofu in court.
The defence further argued that Mafe was entitled to bail, which the State dismissed.
THE STATE SAYS ‘IT CANNOT BE HELD AT RANSOM’
Senior State Advocate Helene Booysen said because the accused was charged under Schedule 6, he was not entitled to bail but was entitled to a bail hearing.
Booysen added that the reason that the case was postponed from last week to Tuesday was for bail information and not a bail application and for the State to determine the Schedule under which the accused would be charged.
Booysen said argued that the court must refer Mafe to Valkenberg because the State cannot be blackmailed or held at ransom by the accused.
“If there is a bail application and he doesn’t get released, does that mean he will go on hunger strike until he dies?” said Booysen, arguing that there is no guarantee he will be granted bail and therefore should be referred for observation immediately.
The State argued that if Mafe is found to not have full control of his mind, he would not be charged with the offences he is accused of.
