Alleged arsonist Zandile Mafe is unfit to stand trial in connection with the fire that gutted the National Assembly building in January 2022, the Western Cape High Court heard on Thursday.

The decision was the outcome of an independent psychiatric assessment conducted at the defence's request after three State-appointed specialists gave separate findings.

Mafe was not present in court when the decision was revealed.

Judge Nathan Erasmus said Mafe could not appear in court on Thursday as expected, due to "some confusion" at Pollsmoor Prison. The case was postponed to 1 September for the State and the defence to tell the judge how they intend to proceed with the matter.

Erasmus ordered that Mafe should be detained in the hospital wing of Pollsmoor Prison in the interim.

The latest independent psychiatric assessment of Mafe has found him unfit to stand trial on the slew of charges, including terrorism, brought against him. 

Judge Erasmus said Mafe could not appear in the Western Cape High Court on Thursday as expected due to "some confusion" at Pollsmoor Prison. 

The fire started at Parliament on 2 January 2022, and large sections are still in ruins.

The State offered to drive to Pollsmoor to fetch Mafe, but the interpreter was not present either. The taxi stayaway has stripped the court of its usual team of support staff who keep proceedings running smoothly.

Erasmus said the latest "thorough" independent psychiatric assessment, arranged at the request of Mafe's counsel, was sent by the psychiatrist via email at 02:00 on Thursday morning, and he had received it at 07:55.

This was followed by a meeting in chambers at 08:30 between the State, the judge and Mafe's pro bono counsel, Nikiwe Nyathi and Luvuyo Godla. Dali Mpofu SC could not make it from Johannesburg.

"The finding is that he is unfit to stand trial," said Erasmus.

The details of the assessment are sealed for now.

However, this is not the end of the road for Mafe, who is currently in Pollsmoor Prison Hospital. 

His defence needs to talk to him about the report and decide how he wants to proceed.The State has also prepared a path forward to achieve closure in the matter. 

In terms of the law, the alleged act of setting Parliament's National Assembly building alight, without the aspect of culpability, still needs to be dealt with. 

Godla explained outside the court that one of the main considerations would be whether Mafe's statement in court that he had started the fire still held, in light of the latest finding.

'The culprit is out there'

Three other reports were prepared by experts at Fort England's psychiatric facility in the Eastern Cape.

The contents of those were not revealed, but they spurred the defence's request for an independent report. 

Mpofu's concern is that Mafe might be painted as unstable to cover up a legitimate grievance against the government.

Mafe is accused of starting the fire that gutted the National Assembly building and parts of the Old Assembly on 2 January 2022.

It will cost around R2-billion to repair the damage. His behaviour and body language at times raised concerns over his mental health, hence the referral for a psychiatric evaluation.

The first was aborted after the Western Cape High Court declared the processes unlawful. 

He was removed from Valkenberg Hospital and refused to go back there, hence the referral to the facility in the Eastern Cape.

Godla still insisted that Mafe was innocent.

"I still maintain Mr Mafe is not the one who burned Parliament. I can assure you that we still have the elephant in the kitchen. It has been our position that it is not Mr Mafe. The culprit is out there," he said.

Returns to court in September

Before his arrest, Mafe alternated between sleeping on the streets and at his shack in Khayelitsha, depending on whether he had generated enough cash for transport by carrying people's groceries. On a good month, he had R1 000 for food budget and other requirements.

Life on the streets created a deep resentment over how people experiencing poverty are treated, which he explained during his bail application. 

Mafe had missed three court appearances previously because he either refused to leave his cell at Pollsmoor Prison or would not get up from the floor of the underground holding cells at the court. He also wanted some comfort items to make awaiting trial more bearable.

He was charged with terrorism, arson, housebreaking with intent to commit arson, and theft.

He was allegedly found carrying items taken from offices - a laptop, crockery, some documents and a handbag. 

The matter returns to court on 1 September for further discussion of how the State and the defence will proceed in terms of the section of the Criminal Procedure Act which deals with the ability to understand trial proceedings, in the interests of a fair defence.