Alleged Parliament arsonist Zandile Mafe was released from Valkenberg Psychiatric Hospital on Wednesday following a High Court order.
Mafe was admitted to Valkenberg last Thursday after district surgeon Dr Zelda van Tonder diagnosed him with paranoid schizophrenia and recommended that he be admitted for a 30-day mental assessment.
However, on Tuesday evening, Judge President John Hlophe set aside the referral of Mafe to Valkenberg, declaring it unlawful and that it should have never happened.
“The detention of Mr Mafe in Valkenberg is unlawful and should come to an end with immediate effect,” said Hlophe, adding that Mafe be placed in a normal prison.
He has been transferred to Pollsmoor Prison where he will await his bail application.
Hlophe said that the magistrate who granted the Valkenberg placement did not even ask Mafe to respond to questions or greetings, to determine if he was indeed dealing with a possible case of a mentally disturbed person, reports the Weekend Argus.
The NPA confirmed Mafe’s release in a statement.
Mafe’s lawyer, senior counsel advocate Dali Mpofu, represented him in absentia and it was revealed that Mafe tested positive for Covid-19.
Judge Hlophe ordered that Mafe’s bail application be heard on Saturday at the Cape Town Regional Court.
Advocate Mervyn Menigo said should bail be denied, the Valkenberg referral must be referred back to the District Court so that it can be done properly by a different magistrate.