BREAKING: Parliament arsonist charged with terrorism

[Fulcrum29]

Except we both know that's not what he is talking about.

On the consultation thing, does she have to be consulted about everything? If so what is the point of having the whole NPA?

Actually, it has less to do with consultation, but more to do with written consent as per the law. The suspect is charged under the "Terrorism Act", Chapter 2,

https://www.gov.za/sites/default/files/gcis_document/201409/a33-04.pdf

No. 33 of 2004: Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004.

CHAPTER 2

OFFENCES AND PENALTIES

PART I

Offence of terrorism and offences associated or connected with terrorist activities

2. Any person who engages in a terrorist activity is guilty of the offence of terrorism.

CHAPTER 3

PROVISIONS RELATING TO OFFENCES AND PENALTIES

PART I

Provisions relating to offences

...

Consent of National Director to institute proceedings and reporting obligations

16. (1) No prosecution under Chapter 2 may be instituted without the written authority of the National Director.

Though News24 reported,

Parliament fire: Cops fight each other over investigation while NPA warns prosecutors about terrorism charges | News24

The prosecution of Zandile Mafe has been hindered by infighting within the Hawks and indecision in the NPA.

www.news24.com

News24 can reveal that acrimony between different provincial divisions of the Hawks has developed into a tussle over who controls the docket and investigation. Beyond this, the decision to level terrorism charges against Mafe caused tension within the uppermost ranks of the NPA, seemingly because prosecutions boss Shamila Batohi was not consulted beforehand.

she still legally had to authorise the procedure, signing it into action, or did she?

This charge, and some other charges, could have been added at a later date pending on the investigation, but this was rushed to oppose the bail application. How is that going, but I guess we will know tomorrow, and how is the investigation going?

The problem is these charges don't strengthen a case, it is merits, and improper merits can weaken a case. Yes, incorrect charges can be withdrawn or even worse, dismissed by the court hence being discarded as undesirable, and it may complicate any preparation you may have had, and the opposition may capitalise on the bargain being at the advantage. Courts don't like to be messed around, especially come to postponements due to ill-preparation. From where I am viewing this, the NPA made their own position compromised.

Time will tell, but I am kinda excited to see the "explosive device", can't wait to be intrigued though it will still be long until the trial... well, the NPA better have their trial because there are no other suspects.

In the end, what is important is that this terrorism charge must be legally made in accordance with the Act, and it would be rather telling to see it ditched tomorrow.

 

[Fulcrum29]

Alleged Parliament arsonist Zandile Mafe intends to sue government | The Citizen

The 49-year-old said he will plead not guilty to all charges he is facing.

www.citizen.co.za

Alleged Parliament arsonist Zandile Mafe intends to sue government, court hears​

The accused took to the stand indicating that he will plead not guilty to all charges he is facing.​

Suspected Parliament arsonist, Zandile Christmas Mafe says he intends to sue the state for causing reputational damages.

 

[Howdy]

Alleged Parliament arsonist Zandile Mafe intends to sue government | The Citizen

The 49-year-old said he will plead not guilty to all charges he is facing.

www.citizen.co.za

So let me put on my conspiracy hat.

He sues government, wins, get's a restraining order against government. Gets paid. He gets blamed for all the woes, the scapegoat, enabling escape goats, yet is untouchable. The guilty smile. Tax payer pays him off. Exactly as arranged?

 

[Fulcrum29]

So let me put on my conspiracy hat.

He sues government, wins, get's a restraining order against government. Gets paid. He gets blamed for all the woes, the scapegoat, enabling escape goats, yet is untouchable. The guilty smile. Tax payer pays him off. Exactly as arranged?

In the case, he does sue the state, and wins, then the Hawks and the NPA would look like potatoes. The world is watching, with popcorn on hand.

I am still in the view that some charges were rushed, especially with the state deeming the suspect to have been mentally ill, which is what I have questioned since the beginning.

When you go the terrorism route, even when the crime meets the criterion, then you also need to explore the high probability that there would be co-conspirators, likewise with the July unrest which doesn’t seem to have any urgency. Add the 'explosive device' into the conundrum, then surely this was planned, so motive, intent… all which can be muddied by mental illness, so what is going on here?

The media reporting that the Hawks and the NPA aren’t getting along and that there is tension amongst the uppermost NPA ranks… Taking note that some key NPA members resigned in a time the organisation is incapacitated when they have to ready themselves in dealing with the state capture recommendations… something is not right. Just my concerned views as an ordinary citizen.

 

[Fulcrum29]

https://twitter.com/i/web/status/1487370980565655557

“If the government can assist me I will just stay at home and watch my DSTV,” says Zandile Mafe while testifying during his bail application.

At this time, the state has a better chance to nail him on a possible indebted TV license account.

 

[TheChamp]

What is he planning to sue government for?

 

[Fulcrum29]

Zandile is well-prepared by his legal council,

"Why does the state want to feed me now?" Zandile Mafe shares tragic life story

Zandile Mafe has told the court in Cape Town that he refuses to eat while in custody because the state refused to feed him when he used to live on the street.

briefly.co.za

He shared his tragic tale about how he was left cold and hungry on the streets of Cape Town but now the state wanted to feed him.

Dali trained him well. Arguing state neglect, something I can broadly agree with, and that the state only started to care about his wellbeing since his arrestation. This message is going to be promoted to the public.

Having a look at his conduct in court, how well he is spoken and his mannerism,

https://twitter.com/i/web/status/1487384909584994305

it seems amicable, and he is well-spoken in his language, which I presume is Xhosa? The state is going to have a hard time to penetrate this man, the tangible (and demonstrative) evidence will have to do all the work.

 

[Fulcrum29]

What is he planning to sue government for?

He argued reputational damages, so damages for defamation. It hails from the terrorism charge.

 

[TheChamp]

He argued reputational damages, so damages for defamation. It hails from the terrorism charge.

So wrongful arrest?

 

[TheChamp]

Or maybe for sending him for mental evaluation? I guess it can be defamatory to imply someone is not well upstairs.

 

[Fulcrum29]

So wrongful arrest?

In the case he trespassed the grounds, that wouldn't be the case since he would rightly be detained by the police, it is the criminal charges that matters under these circumstances.

 

[Fulcrum29]

Or maybe for sending him for mental evaluation? I guess it can be defamatory to imply someone is not well upstairs.

He was diagnosed with paranoid schizophrenia, when I don't know, it could have been on record or by observation in detention, hence the state made the application to have him undergo a 30-day psychiatric evaluation. It is procedural, so I don’t see this lawsuit sticking in court, however, it all comes down to the prosecution team’s intention. In my view, it is related to the terrorism charge, because the state intended to charge him with terrorism where the charge didn’t necessarily meet the criterion at this stage in the investigation.

Just because he was there doesn't mean that he is the arsonist. The evidence have to do the talking.

 

[TelkomUseless]

I haven't followed this much But I thought the dude admitted to starting the fire (heard on the radio).?

 

[Fulcrum29]

I haven't followed this much But I thought the dude admitted to starting the fire (heard on the radio).?

I don't believe so, he had denied it in court since day one. A source within the Hawks made the statement that the suspect acknowledged the act, however, the source within the Hawks are as anonymous as all alleged sources. The suspect's legal council already took the position, that in the case the claim is true, that the statement was coerced. It was these statements the NPA didn't want to make available to the suspect's legal council.

 

[Fulcrum29]

@TelkomUseless

Parliament fire: Hawks tell family Mafe confessed to starting the blaze

A high-level source in the Hawks said Zandile Christmas Mafe confessed to starting the fire that caused damaged to Parliament’s New and Old Assembly this week.

www.iol.co.za

Parliament fire: Hawks tell family Mafe confessed to starting the blaze​

A high-level source in the Hawks said Zandile Christmas Mafe confessed to starting the fire that caused damaged to Parliament’s New and Old Assembly this week.

The source, who declined to be named, said: "(Mafe) confessed and even showed us how he started the fire. But he does not want to disclose how he gained access. Also on the footage, it does not show how he gained access, only when he is leaving through a window where he was found by cops."

Mafe was arrested the same day the fire broke out.

Luvuyo Godla, the lawyer representing Mafe, insisted the confession was coerced and would not stand up in a court of law.

“There is no such thing. They were on a fishing expedition (in Mahikeng). They put him (Mafe) under duress to force out a confession from him. The court proceedings were flawed and I am yet to receive copies of the charge sheet.”

Godla said his client was not read his rights ahead of the confession being obtained.

...

Hawks spokesperson Thandi Mbambo declined to confirm if they received a confession from Mafe and that their investigators were in Mahikeng.

“All will be revealed on Tuesday during the bail application process,” she said.

I am watching this live, that which was supposed to be revealed on that Tuesday was postponed to today, so will have to wait and see what evidence the Hawks have at their disposal.

 

[TelkomUseless]

@TelkomUseless

Parliament fire: Hawks tell family Mafe confessed to starting the blaze

A high-level source in the Hawks said Zandile Christmas Mafe confessed to starting the fire that caused damaged to Parliament’s New and Old Assembly this week.

www.iol.co.za

I am watching this live, that which was supposed to be revealed on that Tuesday was postponed to today, so will have to wait and see what evidence the Hawks have at their disposal.

Thanks for the update.

 

[Fulcrum29]

Thanks for the update.

The media stated a lot has come to light, but this has hardly started. The suspect is denying all charges, and also don't want to answer selective questions posed to him by the prosecution team. At this time, particulars regarding the suspect's circumstances are still being established.

Photos also showed the suspect to have been arrested coming out the parliamentary grounds, so he was arrested on-premises.

The Hawks stated they have shown photos to the suspect, photos showing parliament burning, and he was delighted by it all, which the Hawks deemed as an acknowledgement... Many sections in our society would wish this country to be burned down, starting with the established state institution. I don't see this as convincing by the Hawks, but the proceedings are in a break now and will continue.

The suspect being reluctant to answer the question won't bode him well, but as said, the circumstances are still being established. I would wait on the media to summarise the proceedings, since they are allowed to attend.

 

[gottagoon]

So now what happens?

 

[Fulcrum29]

State says Zandile Mafe 'confessed', demanded Ramaphosa's resignation

The state says Zandile Mafe confessed to setting Parliament alight. Mafe also claims he was "friends" with Eugène Terre'Blanche.

www.thesouthafrican.com

State says Zandile Mafe ‘confessed’, demanded Ramaphosa’s resignation​

The state says Zandile Mafe confessed to setting Parliament alight. Mafe also claims he was “friends” with Eugène Terre’Blanche.

Zandile Mafe’s bail application at the Cape Town Regional Court is turning out to be an extraordinary spectacle. During proceedings, Mafe revealed that he intends to sue the state for damages. He also claimed that he was friends with Eugène Terre’Blanche. Mafe’s bail application was previously delayed by a week with him having to isolate after contracting COVID-19. Mafe is accused by the state of starting the fire in Parliament. He is also facing charges of terrorism as a result.

...

While being grilled by the State, Mafe claimed that he had been friends with Eugène Terre’Blanche and had lived on one of his farms. He also explained that he was demanding the release of Janusz Walus. Walus is behind bars for the murder of Chris Hani.


State Prosecutor Mervyn Menigo then read out an affidavit from the police detailing Mafe’s events. Police say Mafe made a FULL confession after his arrest. They also say he was “proud” of his actions.

The state then said that Mafe told police he set Parliament alight for the following reasons and made several demands.

• He wanted President Cyril Ramaphosa to resign with immediate effect
• He demanded the immediate release of Janusz Walus
• Mafe blamed Ramaphosa for the murder of Chris Hani
• He demand that a R1500 grant be given to all poor people

The state says Mafe told police that he started the fire, in order to ensure that there is no 2022 State of the Nation Address.

Menigo then continued. He informed Mafe that police had found placards at his house in Khayelitsha. One placard read “President Ramaphosa is a serial killer.”

The state asked Mafe if they are his placards.

His answer? “I can’t dispute that because that is my house.”

...

During proceedings on Saturday, Menigo showed a series of photographs of a man who appeared to be Mafe. The state explained that the photos show Mafe tearing curtains inside Parliament, in order to use them to set boxes of paper alight.

Mafe claims he was arrested while sleeping outside Parliament. Police say they arrested Mafe as he was climbing out of a window of the Parliament building.

The state also intends to play a video of Mafe inside Parliament at the time of the fire.

The bail application is still ongoing.

 

[The_Mowgs]

Or maybe for sending him for mental evaluation? I guess it can be defamatory to imply someone is not well upstairs.

Im thinking this