By Lehlohonolo Lehana.
The high court in Cape Town has ruled that alleged parliament arsonist Zandile Mafe’s referral to Valkenberg Psychiatric Hospital was unlawful.
Judge President John Hlophe declared the order unlawful, saying that Mafe was not questioned at all before being referred for psychiatric observation by the Cape Town Magistrate’s Court.
“The further detention of Mafe in Valkenberg is unlawful and should come to an end with immediate effect,” said Hlophe.
Mafe’s lawyer Senior Counsel Advocate Dali Mpofu represented him in absentia to argue that the move to send him for psychiatric evaluation was unlawful.
This after state prosecutors produced a document from a district surgeon which stated that he was suffering from paranoid schizophrenia.
Mpofu argued that his committal to Valkenberg was unlawful and unconstitutional. They wanted him out of immediately.
According to the charge sheet, Mafe intentionally delivered, placed, discharged or detonated an explosive at Parliament on 2 January.
The State abandoned the count related to damage to essential infrastructure, but Mafe now faces a Schedule 6 offence due to the new charge, which falls under the Contravention of Section 5 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act.
His bail application will be heard in the Cape Town Regional Court on Saturday.
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