Monday, September 04, 2023

Alleged Parliament arsonist disputes reports that he is unable to follow court proceedings

Alleged Parliament arsonist Zandile Christmas Mafe has disputed expert reports that he was unaware of his actions when he allegedly committed the crime, and that he will not be able to follow court proceedings or fully defend himself.

PICTURE - Storm Simpson: Alleged Parliament arsonist, Zandile Mafe


Mafe faces numerous charges including housebreaking with intent to commit arson and arson, terrorism, and theft, after he burnt down Parliament, destroying the Old and New Assembly Buildings of Parliament in January 2022.

‘’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. 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,’’ said Eric Ntabazalila, National Prosecuting Authority Western Cape spokesperson

Speaking outside court, Mafe’s lawyer, Luvuyo Godla, confirmed his client disputed both reports handed in to court regarding his fitness to stand trial. Godla said Mafe would take the stand when the enquiry resumes in November.

Ntabazalila said the Hawks took Mafe to a district surgeon to confirm that he was not assaulted or injured, as he was about to confess. The surgeon, Zelda van Tonder, diagnosed him with paranoid schizophrenia, and 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,’’ said Eric Ntabazalila, National Prosecuting Authority Western Cape spokesperson.

In one of the recent court sittings, Mafe told the court 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 [Friday] the court heard that Mafe is even disputing that report that was commissioned by his legal team.The State does not dispute the reports.’’

The case has been postponed to postponed his case to 2 and 3 November for an enquiry in terms of Section 77 (4) of the Criminal Procedure Act.

 

Done By: Mitchum George

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