Usindiso’s arson confession deemed admissible as evidence by the court

A confession given by a man accused of starting the Usindiso building fire has been declared admissible as evidence.

The Gauteng High Court sitting in Palm Ridge had previously been requested by the state to examine the admissibility of the confession due to the disputed nature of how it was made.

Monday’s ruling now allows the arson, murder and attempted murder trial of Lawrance Sithebiso Mdlalose to continue on Tuesday.

Accused was ‘sober’

The defence of the 30-year-old Mdlalose initially claimed that the man’s confession was made under duress, as it was argued that he was under the influence of narcotics.

The Usindiso fire incident happened in the early hours of 31 August 2023, with Mdlalose testifying in January 2024 that he was responsible for setting the fire.

State advocates insisted that the statement was given voluntarily while the accused was of sound and sober mind.

“[The prosecution] asserted that all legal requirements had been satisfied and, therefore, the statement should be admitted as evidence,” stated NPA Gauteng spokesperson Phindi Mjonondwane.

The judge agreed with the prosecution’s argument that the confession was an “unequivocal admission of guilt”, and Mdlalose must now face 76 counts of murder, 12 counts of attempted murder and one of arson.

Khampepe report

Mdlalose’s confession was the product of an order given by Justice Sisi Khampepe stating that his testimony must be reduced in writing in the presence of a magistrate.

Khampepe led the commission of inquiry into the building fire, where in May 2024 the justice attributed partial blame for the blaze to the Johannesburg municipality and its associated entities.

The Socio-Economic Rights Institute of South Africa (SERI) participated in the commission, which found the city-owned building was in contravention of multiple health, fire and building control regulations.

SERI and Inner-City Federation welcome the commission’s findings and support the recommendation for disciplinary action against Helen Botes of the Johannesburg Property Company, as well as considerations for MMCs for Human Settlements and Public Safety, alongside the accounting officers of Joburg Water, City Power, and Pikitup,” Seri stated when the report was released.

Gauteng Premier Panyaza Lesufi subsequently announced the establishment of a committee to address the report’s findings, while the Democratic Alliance last week opened a culpable homicide case against Botes.

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