The alleged parliament arsonist, Zandile Mafe, is challenging the finding of a panel of specialists  that he is not fit to stand trial.

This emerged during his pre-trial proceedings in the Western Cape high court on Friday where his legal representative, advocate Luvuyo Godla notified the court of the dispute. “Your honour, my client is disputing the outcome of the findings of both the panel appointed by the State and the independent panel appointed by the defence,” Godla told Judge Robert Henney on Friday.

The court subsequently ordered that the case be rescheduled for 2 and 3 November to allow the arson accused to present his case and specify what he is challenging in the two reports.

On 28 March 2023, the court ordered that Mafe be sent to the hospital to determine whether he is capable of comprehending the gravity of the charges against him, the crime he allegedly committed, and defending himself in court. He is accused of setting fire to the National Assembly building in the early hours of 2 January 2022.

Flames rise from the roof of the National Assembly building as Parliament burns on 3 January, 2022 in Cape Town, South Africa. (Photo: Gallo Images/ER Lombard)

Mafe was evaluated by a panel of psychiatrists and psychologists at the Fort England Psychiatric Hospital in the Eastern Cape, who found:

1. The accused is unable to follow the court proceedings as to make a proper defence and/or;
2. At the time of the commission of the offence, the accused was unable to appreciate the wrongfulness of the act in question and to act in accordance with an appreciation of the wrongfulness of his act.

The findings were then scrutinised by a secret panel convened by his legal team, led by senior counsel Dali Mpofu. During a hybrid hearing in the Western Cape high court, Mpofu informed the court that they had accepted the findings of an independent psychiatric assessment undertaken by three State-appointed specialists.

Speaking to the media outside the Western Cape high court, Godla stated that if one party opposes the findings of a panel, the court has the authority to conduct a section 77 of the Criminal Procedure Act (CPA) inquiry.

“What will follow is that the court will wait for his evidence to be led in court not to determine his guilt but to assess him in accordance with section 77 of the CPA,” he explained.

Godla indicated that his client will testify on 2 and 3 November. 

Zandile Mafe gestures during his appearance at Western Cape high court. (Photo: Gallo Images/Brenton Geach)

“There will be no assessment; instead, we will convene and determine whether or not to contact any of the specialists who have evaluated him.”

When asked if his client is saying he is fit to stand trial and follow the proceedings, Godla responded: “If he disputed the findings, he literally said contrary to the findings of the Fort England panel and independent expert, he is able to follow proceedings. My client wants to go on trial.”

Timeline of events

1. Zandile Mafe has been in jail since his arrest in January 2022 after a fire gutted parts of Parliament. He is accused of setting fire to the National Assembly building in the early hours of 2 January 2022.
2. District surgeon Dr Zelda van Tonder declared that Mafe was suffering from paranoid schizophrenia.
3. On 19 January 2022, the Western Cape high court Judge President John Hlophe set aside the referral of Mafe for mental observation and granted an order that he be immediately released to a correctional facility.
4. Cape Town Regional Court Magistrate Michelle Adams on 4 February denied bail to Mafe.
5. Mafe was dealt another blow in his bid to be released when the Western Cape high court dismissed an appeal to overturn a ruling denying him bail.
6. Mafe said he was ready to be transferred to another facility for mental evaluation, provided it is anywhere but Valkenberg Hospital.
7. Mafe underwent a mental evaluation at Fort England Psychiatric Hospital to determine whether he is mentally capable of comprehending the gravity of the charges against him, the crime he allegedly committed, and defending himself in court.
8. Judge Nathan Erasmus barred reporting on Mafe’s psychiatric assessment.
9. Judge Nathan Erasmus released the findings by the psychiatrists and psychologist, which include:

• Zandile Mafe is unable to follow the court proceedings as to make a proper defence and/or;
• At the time of the commission of the offence the accused was unable to appreciate the wrongfulness of the act in question and to act in accordance with an appreciation of the wrongfulness of his act.

Mafe is expected to take the stand on 2 and 3 November. DM