Usindiso building fire: Case postponed as self-confessed arsonist seeks new lawyer

The arson case against Sithembiso Lawrence Mdlalose, the 30-year-old man who confessed to starting the Marshalltown fire that claimed 77 lives and displaced hundreds of people, has been postponed.

Mdlalose made his first appearance in the Gauteng High Court in Johannesburg on Friday.

He faces 76 counts of murder, one count of arson, and 12 counts of attempted murder in connection with the 2023 Usindiso building fire.

[WATCH] The arson case against Sithembiso Mdlalose, the man who confessed to starting the Marshalltown fire that claimed 77 lives and displaced hundreds of people, has been postponed to February 21. #Newzroom405 pic.twitter.com/5nwVrLmtGi

— Newzroom Afrika (@Newzroom405) February 14, 2025

Usindiso fire: Details of arsonist’s confession

Mdlalose was arrested on 23 January last year, after confessing to a commission of inquiry led by now retired Justice Sisi Khampepe that he was behind the Usindiso fire.

The accused admitted that he started the fire in an attempt to conceal a murder.

Mdlalose testified that, under the influence of drugs, he brutally killed a resident of the hijacked building at the request of a Tanzanian drug lord.

In an attempt to conceal the crime, he doused the victim’s body in petrol and ignited it, unintentionally sparking a devastating fire that ravaged the building.

The aftermath revealed charred and severely injured bodies scattered throughout and around the building.

The alleged arsonist made a second confession in the Johannesburg Magistrate’s Court on Friday, January 24.

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Legal process and next steps

Speaking to Newzroom Afrika outside the courtroom on Friday, Mjonondwane addressed concerns about delays in the case.

“The matter has now appeared before the high court for the first time and indeed processes of the Criminal Justice System do take some time. However, we can assure society that this matter will be brought to finality and justice will be served,” she stated.

Mjonondwane explained that the court postponed the matter to next week Friday to allow Mdlalose to seek legal representation with Legal Aid South Africa.

“Once that is finalised then we’ll be able to move to the next stage which is that of case management,” she said.

“So probably by next week Friday [21 February] if he has already appointed, if legal aid has already provided a legal representative for him, then the matter will then sit for a pre-trial conference where both parties will state their readiness in terms of moving forward to the trial stage,” ad the NPA spokesperson.

ALSO READ: Usindiso building fire: Arson-accused admits to starting fire, lawyer says ‘his life at risk’

Usindiso building fire: Evidence and trial preparation

In addressing whether Mdlalose’s confession would be admissible as evidence, Mjonondwane clarified that criminal proceedings had a different standard and often required “proving the case beyond a reasonable doubt”.

She added that if the state decided to present Mdlaloe’s confession as evidence, it would be required to adhere to certain procedures throughout the trial to guarantee that the evidence is correctly admitted and accepted as admissible by the court.

State awaits legal representation of arsonist to proceed

She noted that they would await the process of ensuring that the accused person is represented, since “he confessed during the commission”.

“The commission then referred the matter to a magistrate for him to craft that confession in writing and for it to be approved by the magistrate.

“We don’t want to pre-empt what will happen. However as the state we cannot enter into any negotiations with him at this stage as he’s not represented legally.

“So we’ll wait for him to appoint a lawyer. Once the lawyer is appointed, then the lawyer will be able to give him sound advice as to how to move forward with the matter,” Mjonondwane concluded.

The case is expected to proceed with pre-trial proceedings on 21 February, by which time Mdlalose is expected to have secured legal representation from Legal Aid.

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