The Western Cape High Court has ruled that alleged parliament arsonist, Zandile Mafe, is not fit to stand trial and must be held in a psychiatric hospital.
Delivering the judgment, Judge Nathan Erasmus said his ruling is based on medical experts reports that were commissioned by the court and Mafe’s legal team.
Mafe is charged with housebreaking with intent to commit terrorism and arson, terrorism, arson and theft.
“I am of the view that finding Mr Mafe is not capable of understanding the proceedings to make a proper defence. And therefore, my finding is in concurrence with the experts that as is commonly known, it’s a finding of not fit to stand trial. So that is my declaration that Mr Mafe is unable to follow court proceedings and make proper defence,” said Erasmus.
The judge said the medical reports complied with the Criminal Procedure Act and followed all the medical proceedings, especially in the psychiatric sector.
He said Mafe was put under intense 24-hour observation by medical staff at the Fort England Hospital in the Eastern Cape for a period of a month, where he was diagnosed with schizophrenia.
“They observed that he was delusional, hallucinating, his speech was disorganised, behaviour disorganised.
“He was preoccupied with the government, especially the sitting president Cyril Ramaphosa, and accused the doctors of being against him,” explained the judge.
The medical report concluded that some of these perceptual disturbances were that he overheard other patients saying certain things which was impossible under the circumstances.
The judge said this behaviour was strange and out of the norm.
“I attempted to listen attentively to what Mr Mafe had to say. Sometimes I was not sure whether he was on point, and other times it was as clear as crystal. But I am not going to draw an inference,” concluded Erasmus.
Meanwhile, Mafe’s legal representative, Advocate Dali Mpofu, said they would appeal the judgment, as Mafe has “admitted to burning parliament, ready and fit to stand trial.”
Mafe will be kept at the Pollsmoor Prison until he’s placed a psychiatric hospital
