Accused Parliament arsonist Zandile Mafe’s legal representatives intend to challenge the Western Cape High Court judgment that he was unfit to stand trial while their client was set to be admitted to the Pollsmoor Prison Hospital section until a bed at a psychiatric facility was available.
Western Cape High Court Judge Nathan Erasmus declared Mafe unfit to stand trial due to him being diagnosed with schizophrenia, which was confirmed through two reports.
This was after Mafe’s counsel, Dali Mpofu SC, made final submissions, which Judge Erasmus said “had to be ventilated in court”.
Adamant that Mafe was fit to stand trial, Mpofu said they would appeal the judgment. Mafe faced charges of housebreaking with intent to commit terrorism and arson, terrorism, arson and theft.
He was arrested on January 2, last year.
The judge said ahead of Monday’s court appearance that at the previous court proceedings on November 2, a request was made that the parties not submit supplementary affidavits due to the delay of the matter.
However, Mpofu subsequently submitted such, prompting Senior State advocate Mervyn Menigo to file a response to the supplementary affidavits.
In his arguments, Mpofu delved into the “non-compliance” of the psychiatric report submitted to the court by State psychiatrist Dr Thupana Seshoka, which he described as “cryptic, insurmountable, and incurable”.
“Calling (oral) evidence cannot substantiate what is in the psychiatric report ... the State can’t come to court with a defective report,” argued Mpofu.
He claimed that the State was attempting to “silence” Mafe if the matter does not go to trial.
Mpofu argued that a comprehensive report be submitted to the court. The psychiatrist for the defence, Dr Naseema Cassimjee – who arrived at the same diagnosis – had submitted a more detailed report to the court which also noted that Mafe was diagnosed as schizophrenic. According to Mpofu, this was what a “compliant report looked like”.
Mpofu described Seshoka’s report as “inadequate, unhelpful” and called for it to be referred back for a “proper” one to be done.
He said Mafe was able to, on three occasions, give instructions in court which was in contrast to the report findings which noted that he was schizophrenic and would not be able to make a defence for his case.
During proceedings, Mpofu was given a tongue-lashing by Judge Erasmus who said that the “State does in fact have the evidence they say they have ... that Mafe was identified there”.
“Now I can see it ... I am referring to evidence by the State in this bundle whether Mafe was identified there. Then you, in a snide remark, say ‘that the same Mafe that was declared unfit’ ... this is not a game Mpofu. If you think you can try it in other courts, don’t think you can do it here.”
Menigo said he took exception to Mpofu’s averment as the State wanted to protect the constitutional rights and dignity of Mafe.
Menigo submitted that Mpofu’s argument was “really skewed” and referred to appearances where Mafe was “brought to make outbursts”.
Menigo said it “would not be the State’s joy” if the matter had to go to trial for which they would have an “overwhelming case” against Mafe.
Mafe had undergone a psychiatric evaluation at the Fort England Hospital in Grahamstown, in which two reports confirmed that he was schizophrenic and experienced episodes of psychosis.
Judge Erasmus, however, in his ruling, said he accepted the psychiatric report by Seshoka as compliant.
“I am of the view that the finding that Mafe is not capable of understanding the proceedings so as to make a proper defence.
And therefore my finding is in concurrence with the experts that, as is commonly known, is a finding of not fit to stand trial. That is my declaration that Mafe is unable to follow the court proceedings to make a proper defence,” said Judge Erasmus.
Judge Erasmus further ruled that Mafe be referred to the hospital section of Pollsmoor Prison until a bed was available at a psychiatric hospital where he would be referred to and receive medical care.
An independent internal investigation into the fire that gutted buildings in the Parliamentary precinct found technological and human failures led to breaches that were attributable to the incident. The probe found that the fire could have been prevented had reasonable steps been taken to ensure those drivers of vulnerability did not materialise.
The national legislature was allocated R2 billion for the restoration programme of the Old and New Assembly buildings by the Finance Minister in his medium-term budget policy statement. A total of R118 million was also allocated for unforeseen and unavoidable expenditure.
There were 2 800 assets in the National Assembly’s asset register that burned down.
Cape Times