CAPE TOWN - Accused Parliament arsonist Zandile Christmas Mafe, arguing in an urgent bail application through his legal team in the Western Cape High Court at the weekend, said the “trumped-up” terrorism charge against him was a “cheap strategy” and the “oldest trick in the book”, used to deny him bail.
Mafe’s legal team, headed by top advocate Dali Mpofu, SC, will later this week hear the outcome and judgment in the bail application, which was heard by Judge President John Hlophe on Saturday.
In his arguments for release on bail, Mafe said he posed no flight risk as he was impoverished, having lived on the streets for many years.
He also refuted claims being spread on social media about his “alleged membership of military veteran associations”, and expertise in handling explosives owing to having undergone “military training in Russia and/or China”.
“All of this is entirely false. The most bizarre feature of my arrest is the inability of the State to explain why I would remain in the vicinity after committing my alleged ʻcrime’.
“If I did not flee after committing such a crime, it should follow that I will not flee the resultant trial.
“Given the circumstances of my arrest… it can therefore not lie in the mouth of the State that I am a flight risk.
“In any event, I have every intention to stand trial to prove my innocence,” Mafe’s bail application documents read.
Mafe had not physically attended the bail application hearing, as his 30-day observation at Valkenberg Psychiatric Hospital started on Thursday.
The State was successful in the Cape Town Magistrate’s Court to have Mafe sent for psychiatric assessment after a district surgeon, Dr Zelda van Tonder, diagnosed Mafe with paranoid schizophrenia.
Further in his bail application Mafe, indicating that he would plead not guilty, detailed how he was a law-abiding citizen who “found himself at the wrong place at the wrong time” when he was arrested. He woken by police on January 2, and noticed black smoke coming from Parliament.
“It is worth mentioning that at the time of my arrest, I was severely and violently manhandled and intimidated by the SAPS, who also dragged me into the Parliament Precinct, where I was given boxes to carry by those members of the SAPS.
“I do not know what the contents of the boxes were. My own belongings were confiscated by the SAPS.
“I am not a terrorist. I am an ordinary and destitute South African like millions of my fellow citizens.
“Like them, I am angry about my conditions but I am not a violent man. I am not insane,” his bail application documents read.
National Prosecuting Authority spokesperson, Eric Ntabazalila, said Mafe was challenging his confinement during his 30-day mental observation.
Judge Hlophe, who presided over (Saturday’s) proceedings told the parties that a review of a decision taken by a magistrate or another judge cannot be presided by a single judge.
He was the only judge on duty this weekend and he has organised for another judge to hear the review.
Cape Times