Terrorism-accused Zandile Mafe’s bail appeal application will be reheard in the Cape Town High Court on Monday, 30 May, after the two judges who presided over the matter the first time around reached a split decision.
ZANDILE MAFE TO RELAUNCH BAIL APPEAL
Judges James Lekhuleni and Daniel Thulare heard the appeal on 25 April and reserved judgement.
Nearly a month later, the State and defence were informed that the arguments would be reheard on 30 May and a third judge would be appointed to the bench.
Zandile Mafe is charged with housebreaking with intent to commit terrorism and arson, arson, terrorism and theft in connection with the devastating parliament fire on 2 January.
As previously reported, Michelle Adams, who refused bail because the court was not satisfied that exceptional circumstances exist that in the interest of justice permit his release.
Senior State Advocate Mervyn Menigo reaffirmed the Regional Court’s decision during the appeal.
“The Appellant has not advanced any arguments or raised any material misdirection on the facts and law which may lead this court of appeal to a finding that the decision of the ‘bail court’ was ‘wrong’ in terms of Section 65 (4) of Act 51 of 1977. 6.3 The Appeal should accordingly be dismissed,” said Menigo.
The defence, led by Senior Counsel Dali Mpofu, argued that the refusal of bail was incorrect because it was based on a ‘so-called confession’ that was not worth the paper it was written on.
In court, it was revealed that Mafe’s alleged confession was made after he was preliminarily diagnosed with paranoid schizophrenia.
Mafe’s next court appearance is expected on 9 June. The State asked for a postponement during the last appearance, promising that outstanding reports, including the final parliament damage report and crime scene and arson report, would be ready along with a draft indictment the next time Mafe appeared.
The matter is also likely to be transferred to the Western Cape High Court at the next appearance.