Legal experts weigh in on Zandile Mafe's mental health evaluation and trial status
Zandile Mafe, accused of arson at Parliament, remains a patient at Valkenberg Psychiatric Hospital.
Image: File
Parliament arson accused, Zandile Mafe, remains a patient at Valkenberg Psychiatric Hospital, a year after Judge Nathan Erasmus declared him unfit to stand trial.
A legal expert has weighed in that he would be regularly evaluated, with reports written for senior counsel to review.
This week, National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, confirmed Mafe was still a patient at Valkenberg.
In December 2023, at the Western Cape High Court, Judge Erasmus said the mental evaluation of Mafe determined that he exhibited signs of hallucinations and disorganised speech.
He therefore deemed Mafe mentally unfit to stand trial.
Mafe was charged with housebreaking, theft, terrorism and arson.
He was homeless at the time when he was arrested on January 2, 2022, the same day as the fire that destroyed portions of Parliament.
The psychiatric evaluation took place at the Fort England Psychiatric Hospital in May 2023.
During the mental evaluation, an expert was called - Dr Thupana Seshoka, who informed the court that Mafe suffered from schizophrenia spectrum disorder.
William Booth, a veteran legal eagle and chairperson of the Law Society of South Africa, said in such instances, the progress of the accused had to be constantly reviewed by a judge and reports had to be written.
'When the court finds that an accused cannot stand trial, that does not mean that he will not be checked regularly from time to time, there is a process with regards to the Mental Heath Act, whereby a judge needs to review the accused's progress.
'A report also has to be written by the mental health facility as well, this has to be submitted.
'There can be occasions where the person can show progress and be treated as an outpatient.'
Booth said to be clear, this was not a determination on Mafe's case itself but he explained the legal processes.
The Cape Argus also tried to reach Mafe's family's for comment but an aunt of his said his brother was not available.
Cape Argus
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