COURT RULES CONFESSION IN USINDISO FIRE CASE ADMISSIBLE AS EVIDENCE

12 MAY 2025

COURT RULES CONFESSION IN USINDISO FIRE CASE ADMISSIBLE AS EVIDENCE

The High Court of South Africa, Gauteng Division, Johannesburg sitting in Palm Ridge has ruled that the confession made by Lawrance Sithebiso Mdlalose (30), accused of starting the Usindiso building fire, is admissible as evidence. 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.

Mdlalose is accused of setting fire to the building in Johannesburg, resulting in the deaths of 76 people and injuring 12 others. Following the incident, a commission of inquiry led by former Justice Sisi Khampepe to probe, amongst others, the circumstances that led to the deaths at the building was established in September 2023. Mdlalose gave testimony on 23 January 2024, allegedly implicating himself as the one who started the fire, resulting in an order by Justice Khampepe that he be taken to a Magistrate to reduce his confession in writing. He is facing 76 counts of murder, one count of arson and 12 counts of attempted murder.

Despite the defence’s argument that the accused’s confession was made under duress and when he was high on drugs, State Advocates Thamsanqa Mpekana and Percy Monareng submitted that the statement given to the magistrate was made voluntarily and in sound and sober senses, an unequivocal admission of guilt. They asserted that all legal requirements had been satisfied and, therefore, the statement should be admitted as evidence.

Judge Cassim Moosa ruled that the accused’s confession is admissible evidence, finding that the statement was made freely and voluntarily and in sound and sober senses without any undue influence. The case has been postponed to 13 May 2025 for the main trial.

Issued by:

Phindi Mjonondwane
NPA Regional Spokesperson- Gauteng Division, Johannesburg
0834024787/0112204245
hmjonondwane@npa.gov.za