Accused Parliament arsonist, Zandile Mafe, has disputed an expert report compiled by an independent psychiatrist appointed by his defence counsel, making the same finding that he is unfit to follow court proceedings.
On Friday, the Western Cape High Court heard – following a six-week postponement to allow for the independent psychiatrist to compile a report – that Mafe would not be able to follow court proceedings and would not be able to make a proper defence.
Mafe is charged with terrorism and arson among other charges after allegedly setting Parliament alight on January 2, last year.
These findings echoed the outcome of the State-appointed psychiatrist following a report made at Fort England Psychiatric Hospital in Makhanda, where Mafe was held for a 30-day evaluation.
National Prosecuting Authority spokesperson Eric Ntabazalila, said Mafe “disputes expert reports which concluded that he did not appreciate his actions at the time of committing the crimes preferred against him and that he will not be able to follow court proceedings and make proper defence”.
The matter was postponed to November 2 and 3 in the Western Cape High Court for an inquiry in terms of Section 77 (4) of the Criminal Procedure Act (CPA).
“Section 77 (4) of the CPA deals with the treatment of an accused who is unfit to stand trial due to a mental illness or intellectual disability,” said Ntabazalila.
“While such a person cannot be tried, they are not acquitted and discharged, since s77(6) CPA enjoins the court to determine whether the person concerned committed the actus reus of the offence with which he has been charged,” he said.
“If the court finds that the accused committed an act of murder, culpable homicide, rape, compelled rape, or some other offence involving serious violence, or if the court considers it in the public interest, s77(6)(a)(i) of the CPA further enjoins it to order the accused’s detention in a psychiatric hospital or prison, pending release by a judge in chambers, in terms of S47 of the Mental Health Care Act.”
Ntazabalila further said outside court, his instructing attorney, Luvuyo Godla, confirmed Mafe was disputing both reports and that “he will take the stand when the inquiry resumes”.
Judge Nathan Erasmus previously ordered that Mafe not be held in the general population of a prison or any correctional facility, and that he be “provided with the health and services he needs” given his medical condition.
Ntabazalila said the State did not dispute either of the reports.
Cape Times