South Africa: Zandile Mafe

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: Three things that will happen next after court ruling

Zandile Mafe was remanded to Valkenberg Hospital for 30 days of observation. His next court appearance is expected in February.

South Africa: Zandile Mafe

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 Parliament fire, made his second appearance before the Cape Town Magistrate’s Court on Tuesday, 11 January.  The accused was represented by Senior Counsel Dali Mpofu.

He was remanded in custody for psychiatric evaluation – but first, he will need to return to prison. Depending on the outcomes, the accused could face no charges the next time he appears in court.

MAFE ACCUSED OF STARTING PARLIAMENT FIRE

The State initially charged the 49-year-old with housebreaking, two counts of arson, possession of an explosive device and destruction of essential infrastructure.

According to Mafe’s charge sheet, he was allegedly found in possession of stolen laptops, documents and crockery.

Magistrate Zamekile Mbalo presided over the matter. Last week, Mbalo granted a weeklong postponement at the request of the state, who wanted to obtain and verify more information about Mafe.

National Prosecuting Authority (NPA) spokesperson in the Western Cape Eric Ntabazalila said the State wanted to charge the accused with a schedule 1 offence, while the defence pushed for the lesser schedule 5.

STATE ADDS ADDITIONAL CHARGE

On Tuesday, the State added another charge – Contravention of the Terrorism Act, which is a Schedule 6 offence.

According to the Criminal Procedure Act, when a suspect accused of a Schedule 6 offence makes a bail application in court the onus rests on the defence to give reasons why granting bail would be in the interests of justice.

In addition, the defence would also need to establish that exceptional circumstances exist to allow bail.

Mpofu revealed that Mafe’s defence received documents ahead of the trial on Tuesday morning, one of which revealed that the accused was preliminarily diagnosed with paranoid schizophrenia.

The State said it wants the accused to be remanded to Valkenberg Hospital for 30 days of observation. Mpofu argued that his client should be released on bail.

ACCUSED THREATENS HUNGER STRIKE

The senior counsel asked Magistrate Mbalo for a short adjournment so that he could consult with his client after the State dropped the “terrorism charge bombshell.”

When proceedings resumed, the court heard that Mafe intends to embark on a hunger strike if he is not granted bail 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.

MAFE TO UNDERGO MENTAL EVALUATION

The matter was postponed to 11 February for the accused to undergo medical observation. Mafe will have to return to Pollsmoor Prison until a bed becomes available at the Valkenberg Hospital, which is currently full.

Mpofu will attempt to bring the accused’s next bail application before the regional court “as soon as possible.”

The State argued that if Mafe is found to not have full control of his mind, he would not be charged with the six offences he is accused of.

WILL THE STATE BE SUED?

Luvuyo Godila, Mafe’s pro bono legal representative who represented Mafe at his first appearance and asked Mpofu to join the team, previously said the accused was being used as a scapegoat.

“Someone with resources and an agenda is using this poor man to protect themselves and their interests,” said Godila.

Venetia Orgill, a woman from Mitchells Plain who feeds the homeless near Parliament every Thursday, said last week that she is adamant that Mafe is not the person who set parliament alight. “I am prepared to wear my chains when he appears next Tuesday,” said Orgill and she kept true to her word.

Ahead of the second appearance, Godila said Mafe would sue the state if he were set free. “We will first work with psychologists and then the actuaries to determine the exact amount we suing for,” said Godila to Weekend Argus.

PROTEST ACTION EXPECTED

Khayelitsha residents picketed outside the Magistrate’s Court to “fetch” Mafe. Black People’s National Crisis Committee (BPNCC) member Phumzile Jack led that protest.

“We believe that Mafe must be freed and we are going to fetch him today. Mafe is a scapegoat because the government, Parliament are incompetent, and they have no idea who burnt Parliament,” said Jack ahead of the picket.

“Maybe it might be one of them in that house and now they are just looking for a scapegoat and Mafe must be innocent until proven guilty like anyone else.”

The City’s homeless, civil society groups, political and other concerned citizens also turned out to show support their support for the accused.

Protests are expected at subsequent court dates.