Did judge president John Hlophe make the right call. or is he 'using the bench to fight factional wars'?
Social media users have hailed a ruling by the Cape Town high court to release alleged parliament arsonist Zandile Mafe fromby Cape Town magistrate Zamekile Mbalo for 30 days of observation, based on a report compiled by district surgeon Dr Zelda van Tonder. Van Tonder recommended Mafe undergo mental observation after he was diagnosed with paranoid schizophrenia. “Further detention of Mr Mafe in
Valkenberg Hospital is unlawful and should come to an end with immediate effect. He should be released and placed in a normal correctional facility and taken out of Valkenberg. That order was made improperly and unlawfully,” said Hlophe. Advocate Dali Mpofu argued, on behalf of Mafe, that he was denied the opportunity to get a second opinion on Van Tonder’s diagnosis.“He said ‘there is nothing wrong with me and I would like to be released’,” said Mpofu.
Mafe’s lawyer Luvuyo Godla said it was still unclear whether his client, who has Covid-19, will appear in court on Saturday for a bail application.“The wheels of justice are grinding even faster than Saturday in that we have been pleading and crying for justice. Today the court has set aside the unlawful order made by the magistrate’s court on January 11,” said Godla.
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