Zandile Mafe was arrested swiftly for allegedly starting the fire that gutted important parts of Parliament on 2 January 2022.

He was charged with housebreaking with intent to commit arson, as well as arson, infringing the Protection of Constitutional Democracy Against Terrorism and Other Related Activities Act; alternatively, discharging or detonating an explosive or lethal device, and theft.

However, Mafe has shown while he may be a humble parking lot parcel carrier who lives frugally in a shack in Khayelitsha, he will not simply go with the flow, no matter how serious the charges.

He has winkled several concessions out of the court, including a ruling his first referral for a psychiatric assessment was unprocedural.

The State was given a do-over for the referral on Tuesday, and Mafe’s insistence it be anywhere but Valkenberg was granted as he was sent to an Eastern Cape facility.

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The six exceptions made for Mafe:

1. Removal from Valkenberg Hospital

Mafe began a hunger strike when he was sent to Valkenberg Hospital in Cape Town for psychiatric observation after his arrest.

The referral was based on the police’s early assessment of his general demeanour.

They said he was beating his chest and making outlandish declarations, adding they had a video to prove it. An initial mental health diagnosis was paranoid schizophrenia.

The Western Cape High Court found the referral unprocedural and overturned it on review. This judgment could help others also feeling they have been unprocedurally sent to Valkenberg for assessments.

2. Courts opened on Saturday to hear his applications

Now suspended Western Cape High Court Judge President John Hlophe cleared the decks for Mafe in the interests of fairness after the Valkenberg fiasco.

The Western Cape High Court and the Cape Town Regional Court opened especially for him on two Saturdays, once in preparation for his bail and the review application and the second time for his bail application.

3. Media access to court to cover proceedings

The media is usually allowed to attend proceedings unless there is a specific order, but for Mafe, initially, the press was not allowed into court unless they had a letter of permission.

At the regional court, journalists waving their letters of permission were still not let in until after a protracted argument with officials outside the court while the case was already under way.

4. Mafe demands home comforts in his cell in Pollsmoor

Mafe refused to go to court three times in the lead-up to Tuesday’s referral.

On one of these occasions, his embarrassed lawyer, Luvuyo Godla, said Mafe demanded a kettle, a flat-screen TV, and a radio to make cell life more bearable. Some items were granted.

5. Refused to go back to Valkenberg for psychiatric evaluation

The State was eventually given a do-over for psychiatric observation, but Mafe became agitated when he heard it might be Valkenberg again.

He said he would go anywhere but Valkenberg.

The other psychiatric facilities in the Western Cape are for maintenance of mental health conditions, not diagnosis or observation, so a facility outside the province was suggested.

After lengthy negotiations between the judge, Department of Health, defence, National Prosecuting Authority, and Department of Correctional Services, it was agreed Mafe could be taken out of Pollsmoor, and cross jurisdictions to Fort England Hospital in the Eastern Cape.

Judge Nathan Erasmus said there would be an investigation into what spooked Mafe at Valkenberg.

6. Proposal to have case heard at Pollsmoor Prison Court

After Mafe repeatedly refused to go to court, it was suggested his referral should occur at Pollsmoor Prison Court, with or without him.

This highly unusual last resort is unpopular because of the perception of guilt before a person has even been through a trial, and because of the tiny “court in a cage”.

Mafe resumed his in-person appearances at the High Court after that suggestion was made.

What was ordered on Tuesday?

Erasmus ordered Mafe be taken straight to Fort England Hospital for a 30-day period of observation.

He also ordered the two psychiatrists and two psychologists named in his order should ensure he was assessed to establish whether he had an intellectual disability or psychiatric condition at the time of the crime he is accused of. And whether these conditions still exist.

This is to establish whether he can understand personal responsibility for his actions and whether he understands court proceedings well enough to instruct his defence team.

The hospital is to submit its report in triplicate to the registrar of the Western Cape High Court and deputy directors of prosecution in the Eastern Cape and Western Cape before 8 May.

The order allows for Mafe to be kept at the hospital for longer if necessary or to be sent back to Pollsmoor earlier if the assessment is completed sooner than 30 days.

He is due back in court on 8 May for further pre-trial.

News24