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Disciplinary proceedings brought against parliamentary managers as photos of Mafe show he had free rein before 2022 fire

Records submitted to the court this week.

By Marianne Merten

14 Dec 2023

At least two parliamentary senior managers have been suspended and are undergoing disciplinary proceedings over the January 2022 fire that gutted the National Assembly.

When Parliament gave a public briefing in October about its investigation report into the 2 January 2022 fire at the National Assembly, it remained mum about five officials identified then as potentially culpable in connection with the devastating blaze. Also not released was the actual report on the probe, which began only after the mid-June 2022 appointment of Xolile George as Secretary to Parliament — almost six months after the fire.

Broad-sweep information, including “lapses in perimeter monitoring” by the SAPS, and sleeping police officers, emerged at the October briefing. But it was argued that the full report couldn’t be released to maintain the integrity of potential internal processes and the court proceedings against Zandile Mafe, who on Monday was found on mental health grounds to be unfit to stand trial on charges including terrorism, arson and trespassing.

Parliament had made available to the police and prosecution the CCTV footage of Mafe’s sojourn in the parliamentary precinct for almost two days before the fire — before an off-duty VIP bodyguard returning from an overnight shift at 6.03am on 2 January 2022 spotted smoke and raised the alarm, as emerged in court documents.

On Wednesday, photos of Mafe meandering unimpeded across Parliament and lighting paper in the National Assembly building were published on News24 after they were submitted as evidence during Monday’s court proceedings.

CCTV images

parliament fire mafe Mafe spotted walking down Plein Street outside Parliament. (Photo: SAPS)

parliament fire mafe Mafe captured by CCTV walking down Plein Street outside Parliament. (Photo: SAPS)

parliament fire mafe Mafe with a red/pink cloth around his head, making his way to the visitors’ centre. (Photo: SAPS)

parliament fire mafe Mafe with a red/pink cloth around his head, making his way to the visitors’ centre. (Photo:SAPS)

parliament fire mafe Mafe climbs over a fence at Tynhuys control room, walks to the National Assembly steps. (Photo: SAPS)

parliament fire mafe Mafe walks to the National Assembly steps. (Photo: SAPS)

parliament fire mafe Mafe in the media passage inside Parliament. (Photo: SAPS)

parliament fire mafe Mafe places cardboard and papers at a door before dousing them with petrol. (Photo: SAPS)

parliament fire mafe Placing cardboard and papers at a door, before dousing them with petrol. (Photo: SAPS)

parliament fire mafe Placing cardboard and papers at a door before dousing them with petrol. (Photo: SAPS)

parliament fire mafe Mafe brings boxes into Parliament, to be used to start the fire. (Photo: SAPS)

parliament fire mafe The suspect throws boxes and papers from the gallery inside the New Assembly on 2 January 2022. (Photo: SAPS)

parliament fire mafe The suspect on the balcony of the New Assembly where the fire started. (Photo: SAPS)

parliament fire mafe The suspect doused cardboard with petrol before a fire ripped through Parliament. (Photo: SAPS)

parliament fire mafe The suspect spotted stepping through a window, closing the window and shutter at around 2.13am/ 1.59 am on 2 January 2022. (Photo: SAPS)

parliament fire mafe Suspected arsonist Zandile Mafe is arrested outside Parliament on 2 January 2022. (Photo: SAPS)

This is part of a 218-page leverage file handed in by the State in the Western Cape High Court on Monday during the judgment declaring Zandile Mafe unfit to stand trial. The file contained statements and screencaps of CCTV footage showing Mafe setting Parliament alight.

Managers suspended

In January 2022, Daily Maverick reported that at the time of the fire, Parliament’s in-house security, the Parliamentary Protection Services (PPS), had been withdrawn from duty overnight and for the festive season public holidays. That meant no one was patrolling the buildings, leaving the SAPS in charge.

During the October 2023 briefing, Secretary to Parliament George said that had PPS members been on duty, the fire would not have happened — or if it had started, it would have been quickly contained.

The official who signed off the PPS members’ withdrawal from duty was the then acting Secretary to Parliament Baby Tyawa, who has since retired.

From early December the parliamentary grapevine was abuzz about the suspension of two managers over the fire — Household Services Divisional Manager Mabatho Zungu and Deon van der Spuy, who for years was in charge of parliamentary security until the appointment in September of ex-police officer Sam Shitlabane as Parliament’s security chief.

Nothing was formally announced, but as Nehawu parliamentary branch chairperson Sthembiso Tembe put it, “There is no need to hide the names because the workers at Parliament already know who is suspended and charged.”

When asked for comment on her suspension, Zungu on Wednesday said, “Not at this stage.”

Van der Spuy did not answer a telephone call, didn’t reply to a separate voicemail, and did not respond to a text that was blue-ticked, indicating it was read, on the suspension and disciplinary proceedings.

However, Daily Maverick has learnt from three independent sources he’s no longer at work in Parliament. It was separately confirmed that Ugene Stevens, a longstanding PPS manager, had been appointed to act in his place.

The PPS used to report directly to the secretary to Parliament, but this changed in 2015 when the then PPS boss Zelda Holtzman and her deputy Motlatsi Mokgatla were suspended and the PPS was shifted into the Household Services division under an acting head.

Parliament spokesperson Moloto Mothapo, in response to a request to confirm the suspended officials’ names, the charges and timeframe of disciplinary proceedings said:

“Due to the delicate nature of this matter and our commitment to safeguarding the rights of all individuals involved, we will not be providing running public commentary on the disciplinary process, including the specific charges faced by the affected individuals, unless it is deemed appropriate.

“As a matter of principle, and taking into consideration the presumption of innocence until proven otherwise, [we will refrain] from disclosing any names at this stage.”

‘Report may well be released’

Mothapo said Parliament’s fire investigation report was not necessarily the basis for disciplinary proceedings. As “all critical information relating to both the fire incident and administrative irregularities” was made available, the full report wouldn’t be published at this stage.

“We are committed to handling this matter with the utmost care and responsibility,” he said.

Nehawu’s Tembe believed that Parliament’s fire investigation report and the names of suspended officials could now be released, as Mafe had been declared unfit to stand trial.

“We all know who those people could be because we work with them and we don’t see them... We are happy they are suspended. We are happy they are charged. We are happy they are brought before the DC [disciplinary proceedings],” he said on Wednesday.

“[Parliament’s] report may well be released. Why hide it? Clearly, Mr Mafe is not going to be prosecuted.”

What was important, Tembe said, was for Parliament to ensure the issues that led to the national legislature’s vulnerability were not repeated. If the PPS had not been withdrawn by management, Parliament would not be in its current situation.

Questions also had to be asked about the failure of the SAPS to intervene on the 2022 New Year’s weekend, given the photos of Mafe’s unhindered wandering through Parliament.

The four police officials on duty had been suspended, the SAPS told the Joint Standing Committee on the Financial Management of Parliament in January 2022, but the final outcome is unclear.

A request to the SAPS for comment on Wednesday was unsuccessful.

In the immediate aftermath of the fire at Parliament, much of the focus was on maintenance failures, from malfunctioning sprinklers to broken fire doors and shoddy maintenance. That there was more to the story, from sleeping police to the withdrawal of PPS members from duty, emerged slowly, and facts continue to trickle into the public domain.

What is clear is the devastating damage — the roof of the National Assembly remains broken, windows are shattered or boarded up and the facade smoke-stained. A once busy parliamentary precinct sees little activity as most committee meetings are held online.

Almost two years after the fire, rebuilding the National Assembly is a work in progress — with a R2-billion price tag and a completion date targeted for the end of 2025. DM

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CCTV images

Managers suspended

‘Report may well be released’