“The further detention of Mr Zandile Mafe in Valkenberg hospital is unlawful and should come to an end with immediate effect,” ordered judge president John Hlophe on Tuesday afternoon after Mafe's legal team applied to challenge a previous court ruling that referred the alleged parliament arsonist for mental observation for 30 days. 

“He should be placed in a normal correctional facility and taken out of Valkenberg,” said Hlophe. 

Mafe's bail application is set for Saturday. However, he is unlikely to appear in person as he has been diagnosed with Covid-19 and will be isolating for the next eight days. The law allows bail applications to go ahead in the absence of the accused.

Mafe, 49, faces a charge of contravening the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, which places the onus on him to prove it is in the interests of justice to release him on bail, which the state has vowed to oppose.