The 49-year-old Zandile Mafe was arrested soon after a fire ripped through Parliament this month.
The bail hearing was meant to take place today.
A district surgeon had found that Mafe suffers from paranoid schizophrenia, and he has been held at Valkenberg Psychiatric Hospital since Thursday for observation.
His lawyers brought the urgent application today to challenge his commitment to the facility.
The National Prosecuting Authority’s Eric Ntabazalila says that this will be heard the Cape Town Magistrates’ Court on Tuesday.
Mafe’s lawyers and supporters insist that he is being used as a scapegoat for the fire at Parliament.
Meanwhile, the Department of Public Works and Infrastructure has confirmed that all state buildings, including Parliament are “self-insured” and the state will cover the cost of repairing the damage.