By Lehlohonolo Lehana.
The Supreme Court of Appeal (SCA) has dismissed suspected Parliament arsonist Zandile Mafe’s application challenging the Cape Town Regional Court’s decision to deny him bail.
In a brief notice, the SCA said there were no exceptional circumstances warranting his release on bail or a further appeal.
Judge Tati Makgoka and Acting Judge Mahendra Chetty made the ruling.
The decision by the SCA — concurring with the ruling handed down on 4 February by Cape Town Regional Court magistrate Michelle Adams denying Mafe bail — diminishes his chances of another court coming to a different conclusion. Mafe’s last step is to file an application at the Constitutional Court.
In dismissing Mafe’s application to be released on bail, Adams said: “The court … finds that Mafe did not satisfy the court that exceptional circumstances exist which in the interest of justice permitted his release.”
Following the unsuccessful bid at the Western Cape High Court, Mafe’s legal team took the matter on appeal to the SCA.
Mafe ended up behind bars on the morning of the fire on 2 January after he was arrested while leaving the burning parliamentary precinct. The fire gutted part of the Old Assembly as well as the new National Assembly.
Mafe faces charges of terrorism, arson, housebreaking, theft and possession of explosives.
He is expected in court for pre-trial purposes on 4 November.