Parliament arson-accused Zandile Mafe's appeal for bail failed, but his lawyer vowed to keep trying even up to the Constitutional Court if necessary. 

"The application is dismissed," said Judge Daniel Thulare. 

"I agree with my brother Thulare," said Judge Constance Nziweni.

Judge James Lekhuleni said he would have agreed to Mafe's release on bail.

Mafe was arrested on 2 January while Parliament was on fire. It took days to put the fire out, and the National Assembly was gutted, as well as parts of the old section of the buildings. 

He first appeared in court on 4 January, and on 11 January when he expected to be applying for bail, he was referred for mental observation.

That was challenged by his lawyers, and was overturned, and he focused on getting bail. 

Cape Town Regional Court Magistrate Michelle Adams denied bail, and his lawyers approached the Western Cape High Court. Lekhuleni and Thulare came to a split decision, so Nziweni was brought to the bench. 

After a marathon session on Monday, they reserved judgment and then said they would come back at 15:00, possibly with a decision. 

After they had ruled, Mafe's lawyer Luvuyo Godla said that the fact that the court was not unanimous gives them hope, and they will certainly appeal, "... up to the highest court in the land". 

They only handed down the order, and not the reasons, on Monday.