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Release Accused Parliament arsonist, Zandile Mafe- Western Cape High Court orders.

On Tuesday, the Western Cape High Court judge John Hlophe has ruled that the request to send Mafe to the Valkenberg Psychiatric Hospital is unlawful and unconstitutional.  The court has also ordered the release of the alleged Parliament arson accused, Zandile Mafe, from the mental facility with immediate effect.

Mafe was kept at Valkenberg Psychiatric Hospital for mental observation for 30 days. The court has also ruled that Mafe must be kept in a holding pending the finalization of his bail application. Last week Mafe’s legal team argued the rationale behind the referral of their client to a mental facility. The legal team, led by Dali Mpofu, filed an urgent bail application which was partly heard on Saturday.

In an affidavit submitted by Advocate Dali Mpofu, Mafe stated that the deliberate referral to a mental hospital by the state before he was afforded an opportunity to consult a psychiatrist of his choice was questionable.  Mafe accused the state of deliberately keeping him in a cruel custody so that he could become disturbed so that the state achieves a self-fulfilled prophecy.

The charges against Mafe include the Contravention of Section 5 of Act 33 of 2004, Protection of Constitutional Democracy Against Terrorist and Related Activities Act, two counts of arson, two counts of housebreaking with intent to steal, theft and discharging explosives.  The court is expected deal with Mafe’s bail application on Saturday 22nd January 2022.

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