By Lehlohonolo Lehana.
Parliament arson-accused Zandile Mafe was denied bail on Friday.
Mafe was arrested on 2 January. He has been charged with causing the devastating fire which gutted the National Assembly building and parts of the Old Assembly.
Handing down the decision, magistrate Michelle Adams said Mafe had not provided exceptional circumstances to be released on bail, and remanded him in custody.
Mafe, who is being represented by advocate Dali Mpofu, was charged with housebreaking with intent to commit terrorism,arson and theft.
He told the court in his appeal that the terrorism charges were making it difficult to get bail. The charges — which fall under schedule 6 offences — require the defence to gather evidence showing exceptional circumstances for release.
Adams agreed with the state that the evidence provided failed to prove exceptional circumstances. The court also said that Mafe may be a flight risk.
Mafe had told the court in his appeal that if he were to be released, he would stay in Cape Town and live off donations.
It has been a little over a month since his arrest on January 2 after a fire broke out in Parliament. Mafe was arrested shortly after that. Police said they had a video confession of him in which he made “left field” claims.
But Mafe told the court in an affidavit before his bail application that the first time he knew about the fire was when the police woke him up to take him in for questioning.
Mafe has since instructed his legal team – consisting of advocate Dali Mpofu and attorney Luvuyo Godla – to appeal the ruling.
The suspect will be remanded in custody and is set to return to court next Friday, 11 February.
Meanwhile, Western Cape acting Director of Public Prosecutions (DPP) advocate Nicolette Bell welcomed the court’s decision.
“This reflects that our arguments in opposing bail convinced the court. The next step is to ensure that we prove the state’s case against the accused beyond any reasonable doubt.
“We believe that there is a case for the accused to answer. The experienced and skilled investigating and prosecution team will put up a formidable case before the court,” Bell said in a statement.
Bell also indicated that the state will oppose “any appeal the defence plans to launch”.
“The legal representative of the accused told the media outside court that they will appeal and even go to the Constitutional Court to ensure their client was released on bail.”