The court has allowed the NPA to reopen the case against Sthembiso Mdlalose, who faces 76 counts of murder and 12 counts of attempted murder.
The Usindiso Building in Johannesburg on 12 May 2025. Picture: Nigel Sibanda
The National Prosecuting Authority (NPA) says it remains committed to presenting a comprehensive case in the Usindiso Building fire and ensures accountability, as the High Court granted the state’s application to reopen its case.
The High Court in Johannesburg, sitting in Palm Ridge, granted the state’s application to reopen its case against self-confessed arsonist Sthembiso Lawrence Mdlalose.
High Court grants application to reopen Usindiso fire case
Mdlalose faces 76 counts of murder and 12 counts of attempted murder arising from the devastating Usindiso Building fire in Johannesburg on 31 August 2023.
The tragedy claimed 76 lives and left numerous others injured, marking one of South Africa’s deadliest fire disasters.
The court found discrepancies in some of the post-mortem findings before delivering its judgment on Monday, and it instructed the state and the defence to resolve these issues. The NPA brought the application to address the issues.
The state and the defence have already closed their case, and both parties subsequently filed heads of argument and presented oral submissions before the matter was reserved for judgment.
State to bring expert witnesses explain post-mortem discrepancies
In accordance with the court’s ruling, the state will now bring expert witnesses to testify and explain certain parts of the post-mortem findings.
“The reopening of the case will ensure that all relevant evidence is properly ventilated before the court and that the matter is determined in the interests of justice,” NPA communication officer Magaboke Mohlatlole said.
According to the state’s case, Mdlalose allegedly assaulted another Usindiso Building resident known as “KB” during a dispute over money related to drugs.
Prosecutors alleged that the accused assaulted KB until he lost consciousness, and believing the victim had died, Mdlalose allegedly bought petrol, returned to the building and poured it over KB’s body.
The state claims he set the victim’s body alight in an attempt to hide the alleged assault. The fire is said to have spread quickly throughout the building, resulting in one of the deadliest urban fires.
Mdlalose initially admitted before the Khampepe Commission of Inquiry in September 2023 to starting the fire.
Mdlalose confessed at commission but retracted during trial
He later retracted the confession during trial, claiming he made it under distress to avoid homelessness and under the influence of drugs.
The NPA welcomed the court’s Monday decision, saying it ensures that all relevant evidence will be fully considered before judgment is delivered.
“The state remains committed to presenting a comprehensive case and to ensuring accountability for the tragic loss of life suffered in this matter,” Mohlatlole said.
The court postponed the case to Wednesday for the hearing of further evidence.
