Alleged Parliament arsonist Zandile Mafe is set to undergo another round of psychiatric evaluation.
Mafe was back in the dock at the Western Cape High Court on Friday after he was a no-show at three of his previous scheduled appearances, which delayed his case from proceeding.
Waiting list
The state and Mafe’s legal team agreed on Friday that the accused would be referred to the Valkenberg Hospital in Cape Town yet again for a mental assessment in order to determine whether he is fit to stand trial.
However, Mafe is refusing to return to the hospital.
His lawyer, advocate Dali Mpofu, told the court that Mafe was “very adamant” about the referral due to his past experiences at the hospital.
According to the National Prosecuting Authority (NPA), Mafe would be number 112 on the psychiatric institution’s waiting list.
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This meant that he would need to wait 10 months before he is admitted.
“[This] was another issue which was raised by Judge [Nathan] Erasmus asking whether it’s fair and just for a patient or an accused person waiting for that long,” NPA Western Cape spokesperson Eric Ntabazalila told the media outside the court on Friday.
Therefore, the state, Ntabazalila said, was exploring the possibility of admitting Mafe to a different hospital.
“We will get all that information in the report which we will have to give the judge so we can ask for prioritisation of the accused.”
Judge Erasmus has postponed the matter to 24 February.
Mafe has been in custody since January 2022 when he was arrested in connection with the Parliament fire on 2 January 2022, which destroyed the Old and New Assembly buildings.
He faces charges of terrorism, arson, theft and housebreaking with intent to steal, among others.
The suspect was previously admitted to Valkenberg Hospital for a 30-day mental observation after being diagnosed with schizophrenia with paranoia.
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But he was released from the hospital after his defence applied for a review of his referral.
At the time, the Western Cape High Court found that the referral was “substantively and procedurally flawed” and resulted in “a gross irregularity”.
Mafe has repeatedly dismissed suggestions that he is mentally ill.
Bail
Mafe’s bail applications has failed at least three times.
The Cape Town Regional Court, in February 2022, ruled that the defence failed to prove exceptional circumstances as to why Mafe should be released on bail.
His legal team appealed to the Western Cape High Court, which ruled that the nature of Mafe’s charges and the circumstances under why Parliament was burnt remained unclear.
The Supreme Court of Appeal (SCA) then followed suit dismissing his application.
Additional reporting by Thapelo Lekabe
