Judge bars publishing of Mafe’s psychiatric assessment details – for now

  • Parliament arson-accused Zandile Mafe’s psychiatric assessment findings will be kept under wraps by court order. 
  • Mafe was recommended for evaluation following concerning conduct in court.
  • He was given time to discuss the report with his lawyers before it is made public.

Parliament arson-accused Zandile Mafe’s psychiatric assessment results have been sealed from the media and public to afford him time to discuss them with his lawyers. 

Mafe appeared in the Western Cape High Court on Thursday for further pre-trial arrangements, following an extended assessment at Fort England Hospital in the Eastern Cape. 

Judge Nathan Erasmus said he had read the report, sent it to the prosecution and counsel, and wanted to know the plan from here on. 

Mafe’s advocate, Dali Mpofu SC, said he needed to consult with Mafe before saying anything and told Erasmus that the accused reserved his right to dispute the report.  

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Erasmus recapped by saying the purpose of the referral was to determine whether the accused was capable of following court proceedings. 

The judge also wanted to ascertain whether Mafe could appreciate the wrongfulness of an act and act in accordance with that position. 

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. 

Erasmus held the slim report that was sent to him and said the finding was unanimous. 

With the media poised to hear the outcome, he asked Mpofu if he should reveal the findings, just the diagnosis or neither. 

“There will be a lot of speculation,” said Erasmus.

He pointed out that it was already part of the court record and asked: “Should I bar the media from limited access or should I just give the finding and make that public, in the public domain?”

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Mpofu was fresh from a bruising battle in Pietermaritzburg relating to former president Jacob Zuma’s medical records. 

He said he would prefer to discuss the report with Mafe first and, in the meantime, reserved his right to dispute it and even bring other experts in. Erasmus ordered that neither the findings nor the report be made public.

But, he remanded Mafe to Pollsmoor Prison until his next appearance on 13 July.