The National Prosecuting Authority (NPA) opposed Zandile Mafe’s bail application at Cape Town Regional Court, arguing that the applicant dismally failed to adduce any evidence of exceptional circumstances which he is obliged to do if he wanted to be released on bail.
Furthermore, his release may endanger the safety of the public, undermine public peace and security and that he was a flight risk. It was further argued that the state has a strong case against the accused and he has failed to challenge the strength of the state’s case.
Zandile Mafe’s case
Mafe is charged with housebreaking with intent to commit terrorism and arson, terrorism, arson and theft.
Mafe conceded that the charges he is facing are serious and that he faces life imprisonment if convicted. He also confirmed that he didn’t suffer any mental disability.
Senior State Advocate Mervyn Menigo argued that “the substantial allegations are that the applicant purchased petrol in a bottle, made his way to parliament, using stealth, broke into parliament and after spending some time in parliament, used boxes, paper and the petrol to set parliament alight causing devastating damage to the facility. The motive for the attack flows from his deeply held political, ideological and philosophical beliefs and also intense resentment with the South African government.”
Mafe’s affidavit
Mafe submitted an affidavit and took the stand in his application but refused to answer most of the questions imposed on him during cross-examination.
He failed to tell the court who is going to pay his bail. The applicant who lists the late Eugene Terblanche as his friend told the court that Freedom Front Plus and other high-profile people will donate money to pay for his bail. He failed to disclose who the high-profile people were.
The State submitted several annexures including the affidavit of the investigating officer Colonel Christian Gabriel Theron, a report on a medico-legal examination by a health care practitioner, the pointing out the report, confession, affidavit of Captain Nigrini, video footage, photos of items seized at the search, video footage of pointing out and confession and the applicant’s affidavit.
Mafe’s living conditions
The contents of the affidavit were put to Mafe who refused to comment. It was put to him that Colonel Christian Gabriel Theron, (Unit Commander of Crimes Against the State with 34 years experience in the SAPS and the Hawks) will say that Mafe confessed that he burnt parliament because he wanted President Cyril Ramaphosa to resign with immediate effect, demanded the release of Janus Waluz.
After all, he did not kill Chris Hani, but blamed President Ramaphosa for the murder and also demanded that an R1 500 grant be paid to all people who do not have jobs.
It was further put to Mafe that in confession to a Lt Col Spangenberg of the SAPS, he complained about his living conditions, his lack of food and resources and stated it was the right thing to put parliament on fire because at the moment it does not help the people of South Africa as previously.
According to his statement, he accused the people in charge of not caring and that they were out to enrich themselves. He stated in summary that he meant that it was his mission to destroy parliament so that it could not be used by the dictator Ramaphosa and his cabinet of criminals,”
Zandile ‘Bin Laden’ Mafe
According to Theron, it was further put to Mafe that he appeared to be pleased with himself after he was shown a video clip of the burning parliament. He allegedly slapped his chest, looking very pleased with himself and was heard to say “yes, that was Christmas (his middle name) or am I, Bin Laden, now?”.
It was put to him that he voluntarily pointed out a petrol station in Belville, where he purchased petrol for R10, the entrance he used to enter parliament, the second gate and window he used to enter parliament.
In the statement read out in court, Theron alleged that Mafe had caused extensive damage to a National Key Point and created a threat to the safety and well-being of the public.
The act endangered the lives of the officials in parliament and emergency personnel deployed to deal with the fire. The applicant confessed that he would do the same if he is released and his demands are not met.”
Video footage of Parliament fire
Colonel Theron further alleged the applicant’s cellphone and cellphone records are being analysed to establish whether he acted alone or with the assistance or urging of others.
Video footage will be sent for enhancement and further facial comparison analysis. He also added that certain forensic statements are outstanding including the examination of his clothing for the presence of petrol.
“The applicant also said that he set parliament alight so that there could be no State of the Nation address during 2022 or as he called it later, ‘the State of Nonsense Address,” according to a portion of Theron’s affidavit put to the Zandile Mafe in cross-examination.
Advocate Menigo argued: “The applicant relies on his circumstances which although dire, are unfortunately common. He has not mounted an attack on the strength of the state’s case.
His assertions regarding the authenticity of the video footage are vague, speculative and without any foundation. The fact that the applicant had or may have embarked on a hunger strike cannot be considered to be an exceptional circumstance.
“The court can surely not be blackmailed into releasing the applicant out of fear that he may harm himself while incarcerated.
“When the court has weighed up the compelling interests of society as raised in the grounds of the opposition of the state [60(4)(a), (b), and (e)] with the interests of the Applicant [60 (9)], it should make the value judgment that the interests of justice do not permit the release of the applicant on bail as the applicant has failed to place exceptional circumstances before the court to justify his release. Bail should accordingly be refused.
Bail judgment will be delivered on Friday, 4 February 2022.
Statement issued by NPA Regional Communications Manager in the Western Cape, Eric Ntabazalila