State prosecutors must prove that Zandile Mafe discharged or placed an explosive device in a state building with the intent to destroy it or cause major economic loss in SA to convince the court that he is indeed a terrorist.
The National Prosecuting Authority (NPA) added terrorism to the list of charges faced by Zandile Mafe when he appeared in the magistrate’s court in Cape Town yesterday.
According to the charge sheet, “upon or about January 2 2022 and at or near parliament, Cape Town … the said accused did unlawfully deliver, place, discharge or detonate an explosive or other lethal device in, into or against a place of public use, a state or government facility, to parliament building, with the purpose, amongst others, of causing extensive damage to, or destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss”.
To secure a conviction under the Terrorism Act, legal experts said that the state must that he caused serious interference with or serious disruption of an essential service, facility or system, whether public or private.
If Zandile Mafe is found guilty, he faces at least two decades in prison. During court proceedings, the prosecution revealed that Mafe had been diagnosed with paranoid schizophrenia and he was referred to a mental institution for observation to establish if he is fit to stand trial.
The case was postponed to 11 February.
Criminal law expert Nthabiseng Dubazana said any charges would be irrelevant should a medical report in February find that mentally, Mafe was not capable of committing the crime he’s accused of.
“If a medical report says he was not able to understand what he did, then he will be referred to a mental institution and treated, following which he will be released,” Dubazana said..
Sources: Sowetan LIVE, The Citizen
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