Zandile Mafe, the alleged arsonist in Parliament, has been found unfit to stand trial.
On Monday, Western Cape High Court Judge Nathan Erasmus ruled that alleged Parliament arsonist Zandile Mafe was not fit to stand trial and should be treated in a psychiatric facility.
Mafe allegedly set fire to Parliament in the early hours of January 2, 2022. It is estimated that it will cost R2-billion to rebuild.
Mafe has been imprisoned since his arrest in January 2022, shortly after which district surgeon Dr Zelda van Tonder diagnosed him with paranoid schizophrenia. He was charged with housebreaking with the intent to commit arson, terrorism, and theft.
Erasmus stated in his decision on Monday that he based his decision on reports submitted by a panel at Fort England Psychiatric Hospital and Dr. Naseema Cassimjee, a private psychiatrist appointed by Mafe’s legal team.
“I believe that a finding that Mafe is incapable of understanding the proceedings in order to make a proper defense, and thus my finding is in agreement with the experts, is a finding of not guilty.”
“My declaration is that Mafe is unfit to stand trial because he is unable to follow court proceedings and make a proper defense,” Erasmus said.
More on this in the Daily Maverick: Alleged Parliament arsonist Mafe ‘unable to follow court proceedings’ or conduct ‘proper defense’
Mafe had his first violent psychiatric incident when he was 15, according to Cassimjee’s report. She discovered that he had schizophrenia and was unable to recognize the wrongfulness of his actions at the time of the alleged offense.
More at Daily Maverick: ‘My job was to burn down Parliament,’ Mafe says as he claims he’s fit to stand trial.
While Erasmus issued an order declaring Mafe a mental health patient, State prosecutor Mervyn Menigo stated that no beds at Valkenberg Hospital were immediately available. Mafe will be held in Pollsmoor Prison’s hospital section until a bed becomes available at Valkenberg.
The defense objected to expert evaluation.
Dali Mpofu, Mafe’s counsel, had objected to the Fort England Psychiatric Hospital’s assessment, which found Mafe unfit to stand trial. He claimed he didn’t have time to review the panel’s report, which was led by Dr Thupana Seshoka, and questioned its level of detail.
However, Cassimjee’s assessment of the defense concluded that Mafe was not fit to stand trial.
The Cassmjee report was identical to that of the court-appointed panel,” Erasmus explained.
“Dr Seshoka was summoned and cross-examined, and both the State and the defense could have called any of the other witnesses on the panel.” “No such request was made,” he stated.
“Seshoka and his team have extensive experience in this area.” He was thoroughly cross-examined, and I found no reason to doubt his credibility or dependability.
“Although it is not corroboration, it was therefore not unsurprising that a private psychiatrist appointed by the Mafe legal team came to the same conclusions,” Erasmus went on to say.
The judge stated that he “attempted to listen tentatively” during Mafe’s testimony.
Sometimes I wasn’t sure if he was on point, and other times it was crystal clear. “But I’m not going to draw any conclusions,” Erasmus stated.
Mpofu argued that Mafe was physically fit to stand trial and that his client would appeal the decision. DM