Usindiso 'arsonist' claims he was coerced while 'highly intoxicated' to confess
Sthembiso Mdlalose, accused of setting fire to the Usindiso Building in August 2023, maintains he was heavily intoxicated when he testified at the Khampepe commission of inquiry, where he 'implicated' himself.
The self-confessed drug addict also claims he was coerced by an alleged Tanzanian drug lord named Master, whom he was allegedly selling drugs for, to confess to setting the fire.
Mdlalose took the witness stand on Friday at the Johannesburg high court, sitting at the Palm Ridge magistrate's court, in a trial within a trial about the admissibility of his confession.
He is accused of starting a fire at the hijacked Usindiso building in the Johannesburg CBD that killed 76 people. He faces 76 counts of murder, 86 of attempted murder and arson.
The 31-year-old, who used to live in the Usindiso building, allegedly confessed to having started the fire during a commission of inquiry last year established to probe its cause.
Mdlalose later retracted his confession, claiming he was coerced to take the blame by a dangerous drug lord.
He told the court his first encounter with the police was on December 11 2023, when he decided to go to Johannesburg Central police station to look for a police officer investigating the case. This was after he allegedly relayed the story about the events of that dreadful night to his alleged colleague. Both were allegedly selling drugs for 'Master'.
Mdlalose told the court that his colleague, Faith Ngcobo, assured him that the investigating officer would assist, as he did not trust police from the Johannesburg Central police station.
'I wasn't threatened when I went to the police,' he said when the court asked why he decided to go to the police station.
'I told the police that Master started the fire. Homeless occupants of the building were suffering while Master was roaming around,' he said, adding that this is what prompted him to tell Ngcobo.
Earlier in January 2024, he had met Master and their conversation had been brief, but rumours had already started about what transpired that night.
On January 23 2024, police fetched him to take him to the Khampepe commission after he had been taking crystal meth for days. While they were at the commission, he allegedly had an encounter with Master who gave him two packets of crystal meth.
'I was shocked to even learn that Master was there. He told me that I must implicate myself. I had also taken a lot of drugs the night before,' he said.
During cross-examination by the state, Mdlalose told the court he had been taking drugs for more than 10 years.
'People who take crystal meth are good at hiding it,' he told the court.
He testified that he confessed while under the influence, and police officials, including the magistrate, could not detect that he was intoxicated.
After his testimony at the commission, police arrested him and kept him in the holding cell, and the after day he allegedly made a confession to the magistrate.
When asked why he decided to implicate himself, Mdlalose said Master, was close to him.
'I was so close to Master. He had taken me in when I was down and out. Implicating myself was the only option. It was the only way to implicate myself and find a way to get out of this situation,' he said.
Mdlalose maintained he was threatened at the inquiry and was not in the proper state of mind as, according to him, a person who takes crystal meth is anxious and hyperactive.
He told the court that Master ambushed him at the commission of inquiry when he was highly intoxicated.
The trial was postponed to May 12 for the state and the defence to submit their arguments before the court rules whether the alleged confession is admissible.
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