By Lehlohonolo Lehana.
The Western Cape High Court has ruled that Zandile Christmas Mafe is not fit to stand trial for allegedly setting alight the National Assembly building in January 2022.
Mafe was charged with housebreaking, terrorism, arson and theft.
“Mafe is not capable of understanding the proceedings as to make a proper defence and, therefore, my finding is in concurrence with the experts — he is unfit to stand trial, “Judge Nathan Erasmus said.
He noted that several psychiatrists had assessed Mafe to determine his fitness to be tried, given his erratic behaviour during court appearances.
After Mafe’s legal representative, advocate Dali Mpofu, questioned whether a Fort England Psychiatric Hospital report on Mafe met the requirements of the law that determines fitness to stand trial, the judge found that it complied with the Criminal Procedure Act.”
During a court appearance in July, Mafe went on a rant about various subjects ranging from race relations and land ownership to leading figures in the Democratic Alliance, saying he had burnt down parliament because it was useless and should be moved to Bloemfontein.
“I want that parliament, which I burned. Me,” Mafe said at the time, pointing at himself. “I burned it so that it must move [from] here. It must be changed to be a public toilet. That parliament must go to Bloemfontein.”
On Monday, Judge Erasmus said a psychiatrist had labelled Mafe “delusional”, described his behaviour as “strange and inappropriate” and diagnosed him with a psychotic spectrum disorder, likely to be schizophrenia.
Mpofu insisted there was nothing wrong with his client and said that the defence would file an appeal against the psychiatric report.
The repair and refurbishment of Parliament, which was not insured, is expected to cost an estimated R2 billion and to be completed in 2025. The Development Bank of Southern Africa (DBSA) was appointed as the project lead to oversee the reconstruction.