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‘’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.
‘’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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