Zandile Mafe to make bail application on Saturday, nearly a month after arrest

Alleged Parliament arsonist Zandile Mafe is expected to make a bail application in the Cape Town Regional Court on Saturday, 29 January. Mafe’s defence has attempted to make a bail application before this but was thwarted. Last week the application was postponed for seven days because the accused contracted COVID-19 during his stint in Valkenberg and was in insolation.

ZANDILE MAFE TO MAKE BAIL APPLICATION

The National Prosecuting Authority (NPA) confirmed that the accused will make a bail application in Court A of the Cape Town Regional Court at 10:00 on Saturday.

Mafe was first arrested on 2 December for allegedly starting the 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.

Since then, Mafe was referred to Valkenberg for mental observation by the Magistrate’s Court after the State submitted a report, which alleged that the accused suffers from paranoid schizophrenia.

Mafe’s defence successfully contested the referral and it was set aside as unlawful by the Cape Town High Court on 18 January.

The State has also “reformulated” Mafe’s charge sheet more than once and he is now accused of housebreaking with intent to commit terrorism and arson, arson, terrorism and theft.

The heftier charges place the onus on Mafe’s defence to argue and provide exceptional reasons why the accused must be released on bail.

VALKENBERG REFERRAL WAS UNLAWFUL, SAYS COURT

Mafe was referred to Valkenberg Psychiatric Hospital for evaluation after the State presented Magistrate Zamekile Mbalo with a preliminary diagnosis by District Surgeon Dr Zelda van Tonder, which alleged that the accused suffered from paranoid schizophrenia.

Mafe’s legal team brought an urgent bail application to the Western Cape High Court on Saturday,  15 January. Judge President John Hlophe presided over the matter and informed the legal teams that a bail application could not be heard before the dispute over the Valkenberg referral was settled.

On Tuesday, 18 January, Hlophe set aside the order after it was revealed that the one-page preliminary report was not very substantial.

Mafe was arrested on 2 January, the report was dated 3 January. It became apparent that Mafe was not observed for the prescribed period of 72 hours. Judge 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,” said Hlophe.

Advocate Mervyn Menigo, on behalf of the State, argued for the review of Mafe’s referral for a 30-day mental observation to be redone properly in a lower court.  Hlophe reserved judgement but set aside the order. The Judge President said the written judgement would be available within three months.