Parly arson accused faces life if found guilty of terrorism

THE State has warned that the man charged with burning the parliament building, Zandile Mafe, faces a life sentence in prison if he is found guilty of torching the national legislature.

State prosecutor Mervyn Menigo told the Cape Town Regional Court yesterday that they have a strong case against Mafe.

This was during Mafe’s bail application.

Menigo said that Mafe went to a petrol station in Bellville where he bought fuel that he used to burn Parliament.

He said they also had footage of him in Parliament.

Mafe, 49, is alleged to have burnt Parliament on January 2. Four police officers who were on duty have been suspended.

The head of the SAPS Protection and Security Services, Lieutenant-general Sam Shibatlane, said the four officers would face disciplinary action.

He also said the perimeter fence of Parliament was 1.3 metres instead of 3m, which is a requirement of the minimum physical security standards. Some of the cameras were also not working properly that day.

Mafe’s counsel, Dali Mpofu, said yesterday that they were also confident about their case and his client needed to be released on bail.

Mpofu and Menigo were putting forward their closing arguments in court after Mafe spent the day in the witness stand, arguing that he be released on bail.

Mafe had earlier argued that he was not the first person to be arrested and should be released on bail, but Menigo said he was the first person charged with burning Parliament.

“Unfortunately, you are the first person arrested for allegedly burning Parliament,” said Menigo.

He said that Mafe could end up in prison for a long time as he was also charged with terrorism, which carries a sentence of life imprisonment.

“Do you know you face terrorism; you could face life imprisonment?” asked Menigo.

Mafe refused to answer the question. “I don’t have any comment on that,” he said.

But Menigo insisted that the alleged offence was a serious one and the onus was on Mafe to show why he should be granted bail.

In his evidence earlier, Mafe denied that he was behind the burning of Parliament.

He said if he was released on bail he would remain in Khayelitsha. He said he would not run away or evade justice.

“The State must not fear that I will not come back to the trial, and I cannot run away because I am now known and people can recognise me,” said Mafe.

Mpofu said everyone was presumed innocent until they were found guilty.

“The State has a view that it has a strong case. By the way, we also feel we have a strong case. Every human being in South Africa is entitled to the presumption of innocence, and is entitled in terms of Section 35 (of the Constitution) to be released on bail,” said Mpofu.

He also argued that they were ambushed with the video footage evidence by the prosecution and said they objected to it.

It was a general principle that the defence would be alerted to this evidence in advance and would not be ambushed in court.

“It is unfair for the accused person to be sprung with that kind of evidence and his legal team to be sprung with that kind of evidence. We are objecting. We are contesting the admissibility of the evidence,” argued Mpofu.

But Menigo denied that the defence was ambushed with the evidence.

Judgement in the bail application hearing will be given on Friday.