Alleged Parliament arsonist refuses to appear in court for a second time
|Published
Zandile Christmas Mafe the man accused of SA Parliament.Photograph : Phando Jikelo/African News Agency(ANA)
ZANDILE Christmas Mafe, the man accused of being behind Parliament’s fire, has failed to make a second pretrial appearance in the Cape High Court yesterday (Friday).
Last month Mafe’s first pretrial proceedings had to be postponed after he refused to leave the court holding cells and was dressed in pyjamas.
Yesterday Mafe was again not present in the dock after refusing to leave his prison cell at Pollsmoor Prison.
Mafe has made certain demands, like asking for a kettle to boil water for baths, and a television.
The National Prosecuting Authority (NPA) has since confirmed his lawyer, Luvuyo Godla, had distanced himself from Mafe’s actions as they could affect his appeal at the Supreme Court of Appeal.
The matter was postponed to November 4 for further pretrial arrangements.
Mafe faces charges of housebreaking with the intent to commit arson, terrorism, theft, and a separate charge of arson.
These charges relate to the fires at the National Assembly chamber and sections of the Old Assembly Building which were destroyed.
NPA spokesperson Eric Ntabazalila explained it was the second occasion that Mafe had displayed antics and would not leave the holding cells.
“Senior State Advocate Mervyn Menigo was informed by the head of court orderlies that Mafe refused to get out of his prison cell at Pollsmoor Prison,” he said.
“No reasons were provided for this action. This was the second time Mafe failed to appear for a pre-trial conference at the same court.
“Previously he refused to attend court while in the holding cells of the same court building.
“His lawyer, Luvuyo Godla, told the court that his client was sick, has been on hunger strike for a considerable time, and that he was brought to court despite being dressed in pyjamas.
“The State was not aware of the accused being sick, on hunger strike and being dressed in pyjamas.”
Ntabazalila said, via his lawyer, Mafe made certain demands to change his conditions inside prison.
“Advocate Menigo applied for the proceedings to continue in Mafe’s absence, as allowed by the Criminal Procedure Act.
“Menigo told the court the State has provided the defence with everything they need to prepare for trial.
“Godla confirmed that and then told the court that his client has earlier demanded a TV set and radio to watch and listen to the news, a kettle to make himself coffee and warm water to take warm baths as the prison’s water was cold.
“He further told the court that he could not verify the claims made by his client during his first appearance, claims that he was on hunger strike and was sick.
“The court took a dim view of Mafe’s actions, saying his absence may be construed as disrespect to the court.
“Godla distanced himself from Mafe’s actions and indicated that they may affect his bail appeal at the Supreme Court of Appeal.
“He told the court that Mafe’s actions may be a sign of protest and that he and advocate Dali Mpofu SC will consult with their client in Pollsmoor Prison and attempt to bring him to his senses.”
In August Mafe had refused to get up from the floor where he was lying and did not speak.
The pretrial proceedings were held in absentia last month and the State indicated that 95 percent of their case had been handed over to the defence.
The defence has now to provide a hard drive to download video footage.