The case against the man accused of setting a fire at the Parliamentary Precinct last year has been remanded yet again.
This time, Zandile Christmas Mafe, is disputing expert reports which concluded that he did not appreciate his actions at the time of committing the crimes and he would not be able to follow court proceedings to make a proper defence.
Mafe appeared in the High Court of South Africa, Western Cape Division on Friday, where he told his instructing attorney, Luvuyo Godla, that he is disputing the expert reports against him.
The National Prosecuting Authority (NPA) said Mafe has been charged with housebreaking with intent to commit arson and arson, terrorism, and theft after he allegedly burnt down parliament, destroying the Old and New Assembly Buildings of parliament between January 1 and 2, 2022.
NPA spokesperson Eric Ntabazalila explained that Section 77 (4) of the Criminal Procedure Act (Act 51 of 1977) deals with the treatment of an accused who is unfit to stand trial due to a mental illness or intellectual disability.
"While such a person cannot be tried, they are not acquitted and discharged since s77(6) CPA enjoins the court to determine whether the person concerned committed the actus reus of the offence with which he has been charged," Ntabazalila said.
He said if the court finds that the accused committed an act of murder, culpable homicide, rape, compelled rape, or some other offence involving serious violence, or if the court considers it in the public interest, s77(6)(a)(i) of the CPA further enjoins it to order the accused’s detention in a psychiatric hospital or prison, pending release by a judge in chambers, in terms of S47 of the Metal Health Care Act (Act 17 of 2002) (‘the MCHA’).
"If the court finds that the accused committed some other form of unlawful act or no unlawful act at all, s77 (6)(a)(ii) of the CPA enjoins it to commit the accused to an institution as an involuntary mental health care user, as contemplated in S37 of the MCHA. The provision of the section is peremptory, in that once the court has found the accused unfit to stand trial, it is left with no option but to order their detention in one form or another," Ntabazalila stated.
He said outside court, Mafe's instructing attorney, Luvuyo Godla, confirmed that his client is disputing both reports and that he will take the stand when the enquiry resumes.
At the time of Mafe's arrest, officers from the Directorate for Priority Crime Investigation (Hawks) took him to a district surgeon to ensure that he was not assaulted or injured, as he was about to confess.
Ntabazalila said Dr Zelda van Tonder then diagnosed Mafe with paranoid schizophrenia.
"Based on that recommendation, the State applied for his admission at Valkenberg Psychiatric Hospital. This was overturned at the high court after then-Judge President John Hlophe declared the order to admit Mafe unlawful. Although the issue of referring him for evaluation was off the table for a brief period, the defence brought it back, and Mafe was referred for 30 days at Fort England Psychiatric Hospital, in the Eastern Cape.
"After completion of the evaluation, Judge Nathan Erasmus told the court that Mafe would be unable to follow court proceedings and make a proper defence, as he was unable to appreciate the wrongfulness of his actions. He did not disclose the whole report," the NPA said.
During a recent court appearance, Mafe screamed that he burnt down Parliament and he would burn it down again unless it is moved to Bloemfontein or Pretoria. He also made political statements stating that protests in the country happened because of his incarceration.
"Defence counsel requested a postponement for them to get a psychiatrist of their choice who will consult with Mafe, the panel of experts and then draft a report which will assist them to determine whether they will challenge the report of the panel from Fort England Psychiatric Hospital. Today the court heard that Mafe is even disputing that report that was commissioned by his legal team," Ntabazalila said.
He added that the State does not dispute the reports.
The case has been postponed to November 2 and 3.
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