Unpacking the High Court ruling in the Usindiso building fire case
Lawrance Sithebiso Mdlalose accused of starting the Usindiso building fire that claimed the lives of 76 people.
Image: NPA
The High Court of South Africa, Gauteng Division, Johannesburg sitting in Palm Ridge has ruled that the confession made by Lawrance Sithebiso Mdlalose, accused of starting the Usindiso building fire, is admissible as evidence.
The National Prosecuting Authority (NPA) explained that the judgment was made after an interlocutory application by the State, requesting a trial within a trial to determine the admissibility of the accused’s confession, which was reduced into writing before a Magistrate at Johannesburg Magistrates’ Court.
Key takeaways from the High Court's ruling
Tragic outcome of the fire: The fire, which occurred in Johannesburg, tragically resulted in the loss of 76 lives and left 12 individuals injured. The severity of the incident has led to a significant legal and public inquiry into the circumstances surrounding the disaster.
Establishment of a Commission of Inquiry: In September 2023, a commission of inquiry was set up, led by former Justice Sisi Khampepe, to investigate the events that led to the fire and subsequent fatalities. This inquiry aims to uncover critical details and hold responsible parties accountable.
In this file picture, President Cyril Ramaphosa visited Usindiso shelter for Women and Children, the building that was gutted by fire and left at least over 70 people dead and more than 43 injured.
Image: Itumeleng English/Independent Newspapers
Confession details: During testimony on January 23, 2024, Mdlalose allegedly admitted to starting the fire, leading to an order from Justice Khampepe for his confession to be documented officially by a Magistrate.
Charges against Mdlalose: Mdlalose faces serious charges, including 76 counts of murder, one count of arson, and 12 counts of attempted murder, highlighting the gravity of the accusations against him.
Arguments for and against admissibility: The defence argued that Mdlalose's confession was coerced and made under the influence of drugs. However, State Advocates Thamsanqa Mpekana and Percy Monareng contended that Mdlalose made the statement voluntarily, demonstrating clarity and coherence.
Judge’s conclusion: Judge Cassim Moosa concluded that Mdlalose’s confession was made freely and without coercion, allowing it to be admitted as evidence in the upcoming trial.
Next steps in the trial: The case has been postponed, with the main trial scheduled to commence on May 13, 2025, marking a significant date for all parties involved.
Get your news on the go, click here to join the IOL News WhatsApp channel.
IOL