Staff Reporter.
The Western Cape High Court is once again expected to hear the bail application of alleged Parliament arsonist Zandile Mafe next week.
On Tuesday, the spokesperson for the National Prosecuting Authority (NPA) in the Western Cape, Eric Ntabazalila, said the judges came to a split decision on the matter.
Ntabazalila said a third judge was appointed to hear the appeal next week.
“On Monday parties were informed that the arguments will be reheard at 9am, 30 May 2022,” he said in a statement on Tuesday.
The appeal of the bail denial came after the Cape Town Regional Court in February ruled that the defence failed to prove exceptional circumstances as to why Mafe should be released on bail.
Senior advocate Mervyn Menigo told the court that having had regard to the evidence and the arguments made by counsel it correctly found that the appellant had failed to place exceptional circumstances before the court, which in the interests of justice, permitted his release on bail.
“The appellant has not advanced any arguments or raised any material misdirection on the facts and law which may lead this court of appeal to a finding that the decision of the “bail court” was “wrong” in terms of Section 65 (4) of Act 51 of 1977… The Appeal should accordingly be dismissed,” he said.
Mafe was arrested in connection with the Parliament fire on 2 January 2022 that destroyed the Old and the New Assembly buildings in Cape Town.
He was reportedly caught with stolen property and apparently confessed to starting the fire in Parliament, but his legal team rubbished the “so-called confession” obtained from him by police.
Mafe faces charges of housebreaking with intent to commit terrorism and arson, arson, terrorism and theft.
The case against Mafe was postponed to 9 June 2022 by the Cape Town Magistrate’s Court after Menigo told the court that a final damage report to Parliament would be ready on 20 May.