Friday morning, January 27, Zandile Mafe refused to leave his prison cell in order to appear in court. The alleged parliament arsonist declined to enter the dock for the third time in four Cape Town High Court appearances.
The courtroom was filled with rumors of Mafe’s absence before the case was called. Mervyn Menigo, state’s attorney, said that the 50-year-old man refused to leave his cell.
“Your Honor, a number of officials, including the prison’s warden, attempted to get Mr. Mafe to appear in court this morning but were unsuccessful. Therefore, he refuses to appear in court,” Menigo told Judge Nape Dolamo.
Mafe’s attorney, Luvuyo Godla, expressed surprise that his client would not appear in court, but he could not explain why.
The defense was expected to state if they are prepared for trial or if Mafe need a mental health evaluation at Valkenberg Psychiatric Hospital.
Mafe is charged with arson, housebreaking with the intent to commit arson, terrorism, and theft in relation to the tragic fire at Parliament.
Godla claimed that he had a conversation with Mafe about the matter and that the accused is eager to cooperate. “He comprehends and has indicated that he will cooperate or do whatever is necessary.”
State and defense concur that Mafe should receive a mental health evaluation. Judge Dolamo was hesitant to issue the “extraordinary” order in the absence of the defendant since it would violate his constitutional rights.
Dolamo questioned Menigo and Godla if Mafe would be more willing to attend court proceedings if they were held at Pollsmoor Prison’s court facilities.
Menigo stated that the prison’s facilities are predominantly used for trials, but it is possible. Godla expressed uncertainty that it would make much of a difference because the prison’s head of security informed him that Mafe refused to leave his cell.
“Meaning that, even if we went, a similar dilemma would exist. Godla stated, “I would submit to this honorable court that the urgency of this matter requires that it be referred.”
Godla requested a brief postponement to see if Mafe could be persuaded to appear in court, and the State did not object.
In Mafe’s absence, the subject was tabled until February 10.
Godla elaborated outside of court on the defense’s perspective of Mafe’s mental condition.
“After conversations with Mr. Mafe, including the most recent one [on Tuesday], we determined that referring him for evaluation would be desirable and appropriate. Therefore, we came today to request that he be referred.
“He and I discussed it. He knows and accepted the invitation, but I do not know why he did not attend.”
Eric Ntabazalila, a spokesperson for the National Prosecuting Authority (NPA), stated that the State is pleased that the defense is bringing up the mental health referral at the pre-trial stage. In order for all issues to be resolved before the trial begins.
Mafe was transferred to Valkenberg on 11 January 2022 after an official diagnosis of paranoid schizophrenia. The referral was later reversed by the Cape Town High Court on the grounds that the lower court had not followed the proper procedure.
According to court testimony, Zandile Mafe made a ‘confession’ after being diagnosed with paranoid schizophrenia.
The defense agrees that Zandile Mafe may have mental health difficulties.
At Mafe’s final pre-trial appearance in November 2022, the defense admitted that the accused may have mental health difficulties and asked for additional time to determine.
The State continues to believe that Mafe is guilty for igniting the Parliament building. Ntabazalila stated that CCTV footage backs up their evidence.
Godla asserted vehemently that his client is innocent. “I continue to maintain that my client is innocent and incapable of committing that particular crime,”
The attorney stated, “I’ve been practicing law for many, many years – a couple of decades – and I know there are certain things we cannot say about your client. However, I concur with my client that Mr. Mafe is incapable of committing that particular crime.”
Mafe is scheduled to return to court on February 10. If he fails to appear in court, alternative options, such as utilizing the Pollsmoor Prison court facilities, will be considered.
»Zandile Mafe again avoids court, and the defense wants another referral to Valkenberg«