On Friday, Judge Nathan Erasmus, who presides and managed the Zandile Mafe case and had requested information about where and when the accused should be assessed two weeks ago, was unavailable to preside over the case and the matter could not be deliberated.

During his last appearance on Friday 10 February, Mafe stated that he was ready to be transferred to another facility for mental observation, provided it was anywhere but Valkenberg Hospital.

Erasmus then requested that the State and the defence look into other facilities, including Lentegeur and Stikland hospitals, as well as facilities outside the province. It also emerged then that Mafe was number 112 on the waiting list at Valkenberg and it would take 10 months before he could be admitted.

On Friday, a report was submitted by the Department of Health addressing the issues raised by Erasmus. However, Judge Lister Nuku, who presided over the matter in the absence of Erasmus, was not familiar with the matter and requested the case be postponed.

The assessment to determine whether Mafe is fit to stand trial and understands the charges against him is at the heart of this case. Mafe is accused of setting fire to the National Assembly building in the early hours of 2 January 2022. He faces charges of terrorism, arson, housebreaking, theft and possession of explosives.

A day after his arrest, district surgeon Dr Zelda van Tonder declared that Mafe was suffering from paranoid schizophrenia. On 4 January 2022, prosecutor Helene Booysen submitted an assessment report from Van Tonder. 

Based on this report, an order was granted by Magistrate Zamekile Mbalo on 4 January 2022, sending Mafe to Valkenberg Hospital for 30 days of observation. But that referral for mental observation was set aside by Western Cape high court Judge President John Hlophe.

Addressing the court on Friday, state prosecutor advocate Mervyn Menigo said the submission from the Department of Health addressing the issue raised during the accused’s last appearance, came through very late on Thursday.

“The state handed the submission to the court on Friday morning and does not know if the court reviewed it. I’m also not sure if the presiding judge had time to consider the issues raised by Erasmus. I don’t believe the court is in a position to deal with the issues raised by the late submission,” he said.

In the absence of senior counsel Dali Mpofu, who was not present, advocate Nyathi Nikiwe, representing Mafe, informed Luku that everything that was to be ventilated before the court was the result of Eramsus’s directions.

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After the proceedings, Mafe’s instructing attorney Luvuyo Godla underlined that at his client’s last appearance, the defence specifically requested the court to determine whether it was possible to refer Mafe to a different facility other than Valkenberg Hospital.

“The submission we received from the Department of Health indicated that there would be a different facility available but it will come with some inconvenience because there are some logistics as the facility will be outside the jurisdiction of the Western Cape, the Eastern Cape more specifically.

Zandile Mafe’s attorney Luvuyo Godla at Cape Town high court for pre-trial proceedings on 24 February, 2023 in Cape Town, South Africa. Mafe is facing charges of arson, theft, housebreaking and contravention of the National Key Points Act in connection with the fire at the Cape Town Parliament in January 2022. (Photo: Gallo Images/Brenton Geach)

“So there are a lot of logistics that need to be arranged. The defence and the state also did not have enough time to engage each other in an attempt to shorten these logistics. The State also indicated they will investigate the allegations made by our client who does not want to go to Valkenberg,” Godla said.

Ntabazalila reiterated that because the judge who dealt with the matter had another commitment and a new judge presided who was not familiar with commitments that were made and instructions given by Erasmus.

“The State is not averse to Mafe being assessed outside the province. What the NPA really wants is for him to be sent for assessment as proposed by the defence,” he said.

While the interpreter was translating why the pre-trial was postponed, Mafe started unbuttoning his shirt but stopped two buttons short of removing it. He was then whisked away by the court orderly. 

Mafe is back in court on 17 March. 

The long wait to be admitted to Valkenberg

The case of Daniel Smit, accused of murdering 13-year-old Jerobejin van Wyk in February 2022, probably best exemplifies how long it may take for Mafe to be admitted to Valkenberg for observation.

Murder accused Daniel Smit, 54, is alleged to have kidnapped 13-year-old Jerobejin van Wyk on Wednesday, 2 February 2022, in Klawer in the Western Cape. Jerobejin’s remains were found in a drain on Friday, 4 February 2022. (Photo: Supplied)

Van Wyk went missing on 2 February 2022 and two days later his remains were found in a drain on the property of Smit, who is accused of the boy’s murder.

Smit faces charges of murder, attempted murder, kidnapping and defeating the ends of justice. His court postponements are:

1. In June 2022 Western Cape National Prosecuting Authority (NPA) Regional spokesperson Eric Ntabazalila indicated the NPA were advised that Smit was number 93 on Valkenberg’s waiting list.
2. In July 2022 the NPA revealed Smit was number 87 on the list.
3. In October 2022 Smit moved to number 52 on the waiting list.
4. In January 2023 Smit was still waiting for a bed. The NPA then indicated that Smit was number 36 on the waiting list for psychiatric evaluation. DM