On Friday, as he was about to leave the dock in Court 1 of the Western Cape high court, Zandile Mafe yelled that he did not want the court or the prosecution to refer him to Valkenberg Hospital.

The matter was set down before Judge Nathan Erasmus for pre-trial purposes. However, the focal point was when and to what psychiatric facility Mafe would be sent for mental observation. After several no-shows, Mafe finally appeared in person at the court.

Read more in Daily Maverick: “Alleged Parliament arsonist again fails to appear in court despite apparent agreement to mental health evaluation”

“The ultimate purpose of the observation is to determine whether Mafe is fit to stand trial and whether he was impaired at the time of the crime. We don’t want to go to trial only to discover that there are still issues that must be addressed first,” Erasmus said.

Judge Nathan Erasmus at Cape Town high court on 10 February 10, 2023 in Cape Town, South Africa. (Photo: Gallo Images / Brenton Geach)

Mafe is accused of setting fire to the National Assembly building in the early hours of 2 January 2022. He faces charges of terrorism, arson, housebreaking, theft and possession of explosives.

He was arrested on the same day of the arson incident and a day later district surgeon Dr Zelda van Tonder declared that Mafe was suffering from paranoid schizophrenia.

On 4 January 2022, state prosecutor Helene Booysen submitted an assessment report from Van Tonder. Based on this report, an order was granted by Magistrate Zamekile Mbalo on 4 January 2022, sending Mafe to Valkenberg Hospital for 30 days of observation. But that referral for mental observation was set aside by Western Cape high court Judge President John Hlophe.

On Friday, addressing the court, Mafe’s senior counsel Dali Mpofu said: “I had a lengthy discussion with my client on Thursday, and we agreed on the referral for mental observations. However, my client has stated unequivocally that he does not want to be referred to Valkenberg Hospital because of his previous experiences there.”

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Mpofu also informed the court of two other facilities, Lentegeur Psychiatric Hospital and Stikland Hospital, that are available and equipped to conduct mental assessments in the Western Cape. Mpofu also stated that the referral had been agreed upon with the state, so there were no issues in this regard.

Arson-accused Zandile Christmas Mafe’s lawyer Dali Mpofu at Cape Town high court on 10 February, 2023 in Cape Town, South Africa. Zandile Mafe is facing charges of arson, theft, housebreaking and contravention of the National Key Points Act in connection with the fire at the Cape Town Parliament in January 2022. (Photo: Gallo Images / Brenton Geach)

However, state prosecutor Mervyn Menigo informed the court that Valkenberg Psychiatric Hospital has been designated by the Justice and Correctional Services Minister Ronald Lamola, adding that Lentegeur and Stikland are rehabilitation facilities.

“There is definitely a long waiting list at Valkenberg Hospital. The current waiting list number is 111, which means Mafe will be patient number 112 on the list. The hospital only takes 10 patients at a time, this means it will take up to 10 months before Mafe will be assessed,” Menigo said.

Erasmus interrupted Menigo saying it is unfair for an accused to wait such a long time adding the earliest the trial then will get underway will be around 2025. Erasmus went on to say that Mafe should not be prioritised over others. People on the waiting list will have to wait longer if Mafe jumps the queue.

As an added safety measure and to make sure that nothing is left out, Erasmus further suggested that a private psychiatrist be added to the assessment panel at Valkenberg Hospital. The state and the defence have been given two weeks to provide the name of a private psychiatrist to be part of Mafe’s observation.

Following the court proceedings, Western Cape National Prosecuting Authority regional spokesperson Eric Ntabazalila told the media that the parties agreed that the accused should be sent for observation as the defence requested.

Arson-accused Zandile Christmas Mafe speaks with his lawyer Dali Mpofu at Cape Town high court on 10 February, 2023 in Cape Town, South Africa. (Photo: Gallo Images / Brenton Geach)

“The defense has come up with two other facilities which are Lentegeur and Stikland which they believe are suitable for Mafe to be sent for observation. The court has instructed the State and defense to come up with a report which needs to be tabled before Judge Erasmus before 24 February.

“The state will explain whether the other two facilities are suitable for observation. From the state side, we know that a designated place is Valkenberg and the other two places are for rehabilitation,” Ntabazalila said.

The second thing, he added, to be tabled before the judge is the issue of an extra psychiatrist which the judge suggested.

Should the defence and the state agree on the institution where Mafe must undertake his observation and the appointment of a private psychiatrist to be part of his mental observation, then the court will issue his order for mental observation on 24 February. DM