Zandile Mafe

[FILE] Zandile Mafe was denied bail. Photo: Storm Simpson/The South African.

State: Mafe allegedly set Parliament alight because of ‘political, ideological and philosophical beliefs’

‘The motive for the attack flows from his deeply held political, ideological and philosophical beliefs and also intense resentment with the South African government,’ said the State.

Zandile Mafe

[FILE] Zandile Mafe was denied bail. Photo: Storm Simpson/The South African.

Zandile Christmas Mafe, the man accused of burning Parliament, made a bail application in the Cape Town Magistrate’s Court on Saturday, 29 January. After approximately eight hours in court, Magistrate Michelle Adams postponed the judgement to Friday, 4 February.

BAIL JUDGEMENT POSTPONED

The State is opposed to Mafe’s release on bail because it may endanger the safety of the public, undermine public peace and security.

 “The National Prosecuting Authority (NPA) opposed Zandile Christmas Mafe’s bail application at Cape Town Regional Court, arguing that the applicant dismally failed to adduce any evidence of exceptional circumstances which he is obliged to do if he wanted to be released on bail,” said NPA spokesperson in the Western Cape, Eric Ntabazalila.

Mafe’s defence, led by Senior Counsel Dali Mpofu, listed 12 exceptional circumstances, including the accused’s unlawful referral to Valkenberg for mental evaluation, which was set aside by the Cape Town High Court. The defence argued that the bail application should be granted on the basis of said circumstances.

The State argued that the 12 exceptional circumstances were “thumb-sucked.”

“The applicant relies on his circumstances which although dire, are unfortunately common. He has not mounted an attack on the strength of the state’s case, said Senior State Advocate Mervyn Menigo.

Menigo also argued that the accused was a flight risk because he has no ties to the province and because of the seriousness of the charges brought against him, which could see him spend life in prison if he is found guilty and therefore he should not be granted bail.

Magistrate Adams postponed judgement until Friday, 4 February. Mafe was remanded in custody at Pollsmoor Prison until then.

MAFE SPEAKS

Mafe took the stand and was led through evidence by Mpofu and added comments where necessary.  He told Magistrate Adams that he was not guilty and would not deal with the merits of the case on Saturday.

“Because Judge President [John Hlophe] told my attorneys that you deal with the merits of the case when you go to trial, not in the bail application,” offered the accused as an explanation.

Mafe
Mafe was on the witness stand for hours on Saturday. Photo: Storm Simpson/The South African

When the time came for him to be cross-examined by the State he opted not to answer most of the questions posed to him and repeated that he would not touch on the merits of the case until the matter goes to trial.

“The State submitted several annexures including the affidavit of the investigating officer Colonel Christian Gabriel Theron, a report on a medico-legal examination by a health care practitioner, the pointing out the report, confession, affidavit of Captain Nigrini, video footage, photos of items seized at the search, video footage of pointing out and confession and the applicant’s affidavit,” said the NPA.

The State did not call any witnesses to the stand and referred to the witnesses’ sworn affidavits as evidence – Mpofu took issue with this and said State witnesses must “face the music.”

He said Colonel Theron, whom Mafe allegedly confessed to, should also have been cross-examined like Mafe was.

The State alleges that after Theron introduced himself to Mafe on the day of his arrest, the accused nicknamed him “Oubaas Theron.”

Mafe
Colonel Theron (centre) said Mafe confessed to starting the fire, in an affidavit. Photo: Storm Simpson/The South African.

The State read Mafe’s alleged confession back to him and he refused to comment.

According to the alleged confession, Mafe said he burnt Parliament because he wanted President Cyril Ramaphosa to resign immediately, he demanded the release of Janusz Walus and he demanded that the government give a R1500 grant to unemployed people.

“The applicant also said that he set parliament alight so that there could be no State of the Nation address during 2022 or as he called it later, ‘the State of Nonsense Address,’ according to a portion of Theron’s affidavit put to the Mafe in cross-examination,” said the NPA.

When the State asked Mafe if he considers Walus a friend, he explained that he wants the man who murdered Chris Hani to be released on 11 February.

“The reason being that he has been in custody for 27 years. I requested that be released on 11 February. The day Mandela was released.”

“Because he has served the same duration in custody as Mr Mandela and that justice is served to him,” said Mafe.

According to the alleged confession, Mafe said Walus did not kill Chris Hani and blamed Ramaphosa for the murder.

Mafe also said, in court, that “the State of the Nation Address should be cancelled this year.”

“The substantial allegations are that the applicant purchased petrol in a bottle, made his way to parliament, using stealth, broke into parliament and after spending some time in parliament, used boxes, paper and the petrol to set parliament alight causing devastating damage to the facility.

“The motive for the attack flows from his deeply held political, ideological and philosophical beliefs and also intense resentment with the South African government,” said Menigo.

To prove the strength of its case, the State wanted to play video footage of a man – dressed in the same clothes that Mafe was arrested in – going through Parliament and starting the fire.

The State said it has 30 hours of footage but would play 15 to 20 minutes for the court. Mpofu successfully argued against the submission of the evidence. He said the State “ambushed” Mafe and his defence for the third time as they only learnt about the video evidence on Saturday.

Magistrate Adams declared the video inadmissible in the bail application. Mafe’s attorney Luvuyo Godla told journalists, outside the court, that the rejection of the video evidence gives the defence hope ahead of the bail application judgement on 4 February.

Luvuyo Godla addressed the media outside court on Saturday. Video: Storm Simpson / The South African.