'Parliament arsonist' Zandile Mafe disputes expert reports on his ability to follow trial proceedings

The man accused of setting fire to the National Assembly building has disputed expert opinions that he was not aware of his actions when he allegedly committed the crime.

Zandile Christmas Mafe faces a slew of charges including terrorism and arson. Experts say Mafe will not be able to follow court proceedings or fully defend himself.

He has been in custody since January 2 2022 after a fire he allegedly started destroyed a large part of the historic parliamentary buildings.

On Friday, the high court in Cape Town postponed his case to November for an inquiry in terms of the Criminal Procedure Act.

Section 77 of the act addresses the handling of an accused deemed unfit for trial due to mental illness or intellectual disability. If the person cannot be tried, the court does not acquit him or her. It has discretion — depending on the crime — to commit the person to an institution as an involuntary mental healthcare user.

Mafe’s lawyer Luvuyo Godla confirmed his client disputed two reports handed in to court regarding his fitness to stand trial. He said Mafe would take the stand when the inquiry starts.

National Prosecuting Authority spokesperson Eric Ntabazalila said the Hawks took Mafe to a district surgeon after his arrest. The surgeon, Zelda van Tonder, diagnosed him with paranoid schizophrenia.  

The state then applied for him to be admitted to Valkenberg Psychiatric Hospital, but judge president John Hlophe declared the order unlawful.

“Though 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,” said Ntabazalila.

“After completion of the evaluation, judge Nathan Erasmus told the court 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.

“In one of the recent court sittings, Mafe told the court he burnt down parliament and would burn it again unless it is moved to Bloemfontein or Pretoria.

“He also made political statements that protests in the country happened because of his incarceration.”

Mafe's defence sought a postponement to engage a psychiatrist of their choice. The psychiatrist would consult Mafe, the panel of experts and produce a report that would help them decide whether to contest the findings of the Fort England Psychiatric Hospital panel.

“The state does not dispute the reports,” Ntabazalila said.

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