The man accused of arson and terrorism after setting the Parliament on fire has been declared unfit to stand trial.
The High Court in the Western Cape on Tuesday converted his status as a criminal accused to that of a mental health patient.
A spokesperson for the National Prosecuting Authority (NPA) Eric Ntabalaziza says Zandile Mafe will now be placed in the hospital section of the Pollsmoor prison until a bed is available at a psychiatric hospital.
Mafe was arrested on 2 January 2022 after he sat on the pavement opposite the entrance, observing Parliament.
The NPA says Mafe was first referred to the Valkenberg Psychiatric Hospital but the decision was overturned due to a technicality by the court.
Ntabalaziza says he was then sent for mental observation at the Fort England Hospital in the Eastern Cape from 29 March - 24 May 2023.
He says numerous clinical interviews and assessments, physical and neurological examinations including blood tests were conducted with a multi-disciplinary team including psychiatrists, medical officers, psychologists, occupational therapists, social workers, and nurses.
They also obtained collateral reports from his family in North West.
A panel of three doctors from the hospital produced a report which declared that he was unable to follow court proceedings to make a proper defence.
It also found that at the time of the alleged offence, he was unable to appreciate the wrongfulness of the act in question and unable to act by such appreciation of wrongfulness.
It declared that he suffered from Schizophrenia.
Ntabalaziza says Mafe challenged the report and consulted his doctor who came to the same conclusion.
The state alleges that, on 21 December 20221 he bought petrol for R10 at a petrol station in Bellville, and boarded a taxi to Cape Town with the fuel.
After the police guarding the entrance in Plein Street left, he scaled the fence and made his way into the parliamentary precinct.
He loitered the precinct and at some point, he avoided a police patrol by hiding behind a wall.
The state says he then crawled and remained on his stomach to avoid detection before entering the Old Assembly through an unlocked and unproperly secured door.
Once inside he started collecting cardboard boxes, paper, and office chairs which he placed in front of closed doors of offices in the Old Assembly and sprinkled petrol on them.
He tore curtains and later used the pieces of fabric as kindling and then moved to the public gallery of the National Assembly where he began tearing cardboard boxes and papers and throwing them on the floor of the National Assembly.
Mafe returned to the Old Assembly building and set the items on fire and then moved to the National Assembly where he threw petrol from the public gallery onto the floor.
The state says Mafe had a sling bag with personal items whilst he had some other bags with coffee, spices, official parliamentary stamps, stationary, clothing, shoes, crockery, dumbbell weight and keys.
An ANC and South African flag, an extension cord, toiletries, a kettle, a toaster and a black toiletry bag were also in his possession.
