Zandile Christmas Mafe during his bail application at Cape Town Regional Court on 29 January 2022 in Cape Town. Picture: Brenton Geach/Gallo Images
Suspected parliament arsonist Zandile Christmas Mafe’s bail application has been denied by the Cape Town Regional Court.
The court delivered its judgment on Friday, ruling that Mafe failed to prove why he deserved to be released on bail.
“The applicant did not satisfy the court that exceptional circumstances exist which in the interests of justice permit his release. [Therefore], the application [for the accused] to be released on bail has been refused,” Magistrate Michelle Adams ruled.
Mafe has since instructed his legal team – consisting of advocate Dali Mpofu and attorney Luvuyo Godla – to appeal the ruling.
The suspect will be remanded in custody and is set to return to court next Friday, 11 February.
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Meanwhile, Western Cape acting Director of Public Prosecutions (DPP) advocate Nicolette Bell welcomed the court’s decision.
“This reflects that our arguments in opposing bail convinced the court. The next step is to ensure that we prove the state’s case against the accused beyond any reasonable doubt.
“We believe that there is a case for the accused to answer. The experienced and skilled investigating and prosecution team will put up a formidable case before the court,” Bell said in a statement.
Bell also indicated that the state will oppose “any appeal the defence plans to launch”.
“The legal representative of the accused told the media outside court that they will appeal and even go to the Constitutional Court to ensure their client was released on bail.”
Last Saturday, Mafe dismissed suggestions that he is mentally ill and revealed that he intends to sue the state for the reputational damage caused to him.
He had also argued that he would “stay at home and watch my DStv” if he was granted bail.
The 49-year-old was admitted to Valkenberg Psychiatric Hospital for a 30-day mental observation earlier this month after being diagnosed with schizophrenia with paranoia.
Mafe was released from the hospital two weeks ago, after Mafe’s defence applied for a review of his referral.
Western Cape Judge President John Hlophe found that the correct processes had not been followed.
The 49-year-old is facing six charges, including one count of terrorism, two counts of arson, theft, housebreaking with intent to steal, and possession of explosive devices.
Mafe was arrested in connection with the Parliament fire on 2 January that destroyed the Old and the New Assembly buildings.
He was allegedly caught with stolen property after gaining entry to the parliamentary precinct in Cape Town.
According to News24, Mafe spent the entire New Year’s Day inside Parliament having entered after midnight.
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The 49-year-old reportedly avoided detection by crawling, and covered his head with a jacket.
He allegedly set a pile of boxes on fire 26 hours later and then called the police from inside the National Key Point.
According to the state, Mafe demanded, in his affidavit, that President Cyril Ramaphosa resign by 8 January, that Chris Hani’s murderer, Janusz Walus, be released from prison on 11 February and that a R1,500 grant be provided to unemployed people after the burning of Parliament.
State prosecutor Mervyn Menigo revealed that Mafe told Hawks investigating officer Colonel Christiaan Theron that he started the fire so Ramaphosa would not deliver what he described as a “State of Nonsense Address” in February.