Zandile Mafe consulting with his defence before court on 4 November 2022. Image: Storm Simpson/The South African.
Zandile Mafe’s defence concedes there may be issues with his mental health
Zandile Christmas Mafe will turn 50 in prison. His case was postponed to 2023. The defence needs more time to consult and interact with him.
Zandile Mafe consulting with his defence before court on 4 November 2022. Image: Storm Simpson/The South African.
Zandile Christmas Mafe will turn 50 years old in Pollsmoor Prison on 24 December 2022. He was remanded in custody at his third pre-trial conference in the Cape Town High Court on Friday, 4 November.
ZANDILE MAFE APPEARS IN HIGH COURT FOR THE FIRST TIME
Mafe graced the dock at the High Court for the first time. The alleged parliament arsonist failed to appear on his previous dates. He is accused of arson, housebreaking with the intent to commit arson, terrorism and theft.
In September, Mafe’s lawyer, Luvuyo Godla, said he could not say why his client refused to leave his Pollsmoor Prison cell but he revealed a number of complaints Mafe had and suggested it may be the reason for his absence.
Mafe’s appearance on Friday may have something to do with his newfound access to a kettle and toiletries.
READ: Zandile Mafe no-show in court after requests for a kettle and TV were denied
“We have resolved those issues. Mr Mafe has got the kettle, roll-on, and Vaseline. Remember the things he was complaining about,” Godla said to reporters on the court steps. “He is now comfortable. No issue. We have seen him, he appeared today, very happy, satisfied, no issues at all.”
Advocate Nikiwe Nyathi, junior counsel to Dali Mpofu, told the court that the defence is not ready for trial. There have been issues with consulting with the accused.
“The number of documents that we have received on the flash disk requires a laptop and we have had issues with consulting with our client due to those constraints.
“We have been assured that we will be able to consult and we will be provided with premises we can enter with a laptop to do so,” she said.
Judge Nape Dolamo asked the defence whether they are not ready yet “purely” because of time and facility constraints and Nyathi said there were other issues, including the State’s request to have Mafe referred for a mental health evaluation.
On behalf of the State, Advocate Mervyn Menigo said Godla raised concerns about the accused’s mental health in their communications over the past two days.
“My Lord, my communications with Mr Godla over the past two days, there were many concerns raised by the defence regarding the accused’s mental health,” he said.
MENTAL HEALTH IN QUESTION
Mafe was referred to Valkenberg by the Magistrate’s Court for a mental health assessment after he was preliminarily diagnosed with paranoid schizophrenia.
READ: Zandile Mafe made ‘confession’ after paranoid schizophrenia diagnosis, court hears
This decision was later overturned by the Cape Town High Court because the lower court did not follow the correct procedure. And thus, the question about Mafe’s state of mind and his fitness to stand trial has hung over all court proceedings in this matter.
The State tried to bring up the issue during pre-trial proceedings in the High Court on 12 August but Judge Steyn ruled that the trial judge would have to decide on the matter.
“It is the State’s intention to make available any doctor’s evidence to the defence should they wish to bring that application,” said Menigo.
Menigo said the defence asked for a postponement until 27 January 2023 to get themselves in a position to properly address the issue around Mafe’s mental health. He added that the State would not object to the request.
Judge Dolamo granted the request and postponed the case to the mentioned date. The defence is expected to give an indication of their readiness for trial on the day. Mafe will remain in custody.
Outside court, National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, said, “Mr Godla, the lawyer, did indicate to our counsel that there are mental challenges with the client.
“Now, it looks like we might be back to that application that was made at the lower courts – for him to be sent for observation.
“They say they are considering our application. When we come back… they will be able to tell the court on the day whether agrees to be referred for mental observation.”
Godla told reporters that the defence consulted with Mafe for two days and they feel that they need more time before making a call about the accused’s mental health.
“We need more time then upon interacting with him we will see if indeed it holds substance – the view that he be referred for mental assessment.
“Hence, we said in court we are open to that we will reconsider that but we need time to interact with him and see if he will be able to stand his trial,” said Godla.
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