Arson-accused Zandile Mafe turned up at pre-trial conference proceedings in the Western Cape high court on Friday after failing to appear on three earlier occasions.

Mafe was arrested on 2 January 2022 after he was seen exiting a burning Parliament building. He is accused of setting fire to the National Assembly building in the early hours of 2 January this year. He faces charges of terrorism, arson, housebreaking, theft and possession of explosives.

However a day after his arrest, Mafe was examined by district surgeon Dr Zelda van Tonder. She declared that Mafe was suffering from paranoid schizophrenia. Mafe’s disputed confession was also made hours after the mental health report was filed.

On 4 January, prosecutor Helene Booysen submitted an assessment report from Van Tonder. Based on this report, an order was granted by Magistrate Zamkelie Mbalo on 4 January 2022, sending Mafe to Valkenberg Hospital for 30 days of observation.

Zandile Mafe appears at the Western Cape high court on 4 November 2022 in Cape Town, South Africa. (Photo: Gallo Images/Brenton Geach)

But the referral to Valkenberg Hospital was vehemently opposed by Mafe’s senior counsel Dali Mpofu and put on hold. Part of Mpofu’s arguments was that Van Tonder, who diagnosed Mafe on 3 January as suffering from paranoid schizophrenia, should have been called to testify by the State. 

The referral was subsequently set aside by Judge President John Hlophe on 19 January.

On Friday 4 November, Mafe’s legal team — consisting of advocates Nikiwe Nyathi and Luvuyo Godla — took a sudden U-turn by supporting the State’s bid to resend Mafe for observation.

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Nyathi told the court the matter of referral for mental examination of their client has been raised several times. She told the court that a request has been made by the State since January, which is under consideration at this time.

There was also an earlier attempt by the State to bring this issue before the pre-trial proceedings. But on 12 August 2022, Judge Elize Steyn held that the decision needs to be dealt with by the trial judge.

Addressing the court, State prosecutor Mervyn Menigo said: “Your Honor the last words I heard from Godla is that the defence will make their request on 27 January 2023. The State has no objection.”

However, Menigo raised the point that if Mafe is found to be mentally unfit, the time elapsed since the initial referral in January will be a matter of concern. The State is ready to proceed with the trial whilst the defence indicated they are not yet ready.

According to National Prosecuting Authority Western Cape spokesperson Eric Ntabazalila, “Mafe’s legal team did indicate to our [State] counsel that there are mental challenges with their client. 

“Looks like we might go back to that application which was made in the Cape Town Regional Court in January for him to be sent for observation. His legal team has said they are considering the State’s application. When we come back the defence will be able to tell the court whether their client agrees that he be referred for mental observation.”

Mafe has been incarcerated since 2 January. His bail was denied on 4 February by Magistrate Michelle Adams in the Cape Town Regional Court. Mafe appealed the decision but in May two of three judges sitting in the Western Cape high court ruled that he would not be granted bail.

The Supreme Court of Appeal dismissed his application that challenged the Cape Town Regional Court’s decision to deny him bail in February.

The matter is back in court on 23 January 2023. DM