Africa-Press – South-Africa. The lawyer representing Parliament arson accused Zandile Mafe spent Monday morning slashing away at a magistrate’s reasons for refusing to release him on bail and argued that even photos, supposedly of Mafe at Parliament at the time of the fire, should not count at this stage.
“None of these things must be reduced to ‘Ag here’s a picture – it’s you,'” advocate Dali Mpofu, SC, submitted. “It doesn’t work like that.”
He argued that even if the photos were real-life footage, it would support the strength of the case, but it was not a bail matter.
He said a video, purportedly of Mafe, was excluded from his bail application, but the stills from the video are being added to the State’s case to prove that it has the right man.
Identifying who is in stills is not something for a bail application, Mpofu submitted. It is for the trial, where facial recognition experts are brought in.
Even Mafe’s pronouncements, about Parliament not caring about anybody except themselves, mean nothing. It’s just free speech, he added.
He told the court that Mafe had been “ambushed” every step of the way during his court appearances, with the most egregious being his sudden referral to Valkenberg Hospital on 11 January.
He said from there on, there was a domino effect of the denial of his rights.
Parliament arson-accused Zandile Mafe’s bail appeal to be reheard with a third judge
Mpofu said the State said it had a confession from Mafe, but submitted that it should be considered as worthless because it was taken when the police thought he was mentally unstable.
Mafe was sent for an assessment and was diagnosed as having paranoid schizophrenia.
This assessment was used to apply for his referral to Valkenberg, but it was later found that it was not done properly, and Mafe was released from the psychiatric hospital.
Mpofu argued that sending people for medical assessments could not be used as “backdoor” form of detention.
Mafe is in Pollsmoor Prison and is due back in court on 9 June for the criminal aspect of all of his court applications.
Prosecutor Mervyn Menigo listened to the argument, paging through his lever arch file of stills.
Mafe was not present for the bail appeal, which is being heard for a second time on Monday because the court was split on its judgment last time.
Mafe is accused of starting the fire that burnt down the National Assembly and other parts of Parliament’s buildings on 2 January.
When Menigo stood up to defend the State’s belief that Mafe should not be granted bail, he went through the timeline of events since Mafe’s first appearance in court on 4 January.
He said nothing was done in bad faith.
Mafe faces charges of housebreaking with intent to commit terrorism and arson, terrorism, arson and theft.
The appeal continues.
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