logo
Witness 'doesn't believe' Usindiso fire accused was forced to confess

Witness 'doesn't believe' Usindiso fire accused was forced to confess

TimesLIVE14-05-2025

A woman who survived the Usindiso fire in which 76 people were killed doesn't believe Lawrence Sithembiso Mdlalose, accused of setting the building alight, was coerced into confessing by an alleged Tanzanian drug dealer.
Noluthando Khumalo-Mzizi testified at the Johannesburg high court sitting in Palm Ridge magistrate's court on Wednesday, a day after Mdlalose's confession was read in court.
Mdlalose is accused of setting fire to the Usindiso building in Johannesburg in 2023, resulting in the deaths of 76 people and leaving 12 others injured.
After the incident, a commission of inquiry led by former justice Sisi Khampepe to probe, among other aspects, the circumstances that led to the deaths was established in September 2023.
Mdlalose gave testimony on January 23 2024, allegedly implicating himself as the person who started the fire, resulting in an order by Khampepe that he be taken to a magistrate to reduce his confession to writing.
He is facing 76 counts of murder, one count of arson and 12 counts of attempted murder.
Khumalo-Mzizi testified that she knew the alleged Tanzanian drug dealer as she used to do her hair at his salon. She told the court that she only knew tenants who were living on floor one, where she was staying, and didn't know Mdlalose.
She said that night of the fire, she heard noise from the basement, where Master stayed, late in the evening before the fire started.
'I said to myself that those are Tanzanians, they had already started as they used to fight and make noise and hurt one another,' she testified, adding that it was normal for them to make noise.
'Upon hearing the noise, I ignored it.' She said that was around 11pm and she subsequently heard people screaming around 2am. She peeped through the window and realised that the smoke was emanating from Master's side, who lived on the ground floor.
'I took the phone, the gown and ended up opening the door. After that, I tried to run towards the west direction. I took two steps and I could feel there was heat on my face,' she testified, adding that she had been sleeping naked.
'I made a turn, heading to the other side where there is another gate. I could feel I was stepping on bodies.' She testified that she stumbled upon about 11 bodies while naked in the darkness.
She said it was dark as there was no electricity in the building. She added that she jumped over the balcony from the first floor when one of the tenants advised her to put on her gown.
She testified that she last saw the alleged Tanzanian drug lord, Master, three months after the incident. She testified that she didn't know who could have burnt the building, but she knew that it was set alight.
When asked about Mdlalose's confession during cross-examination, she testified that she did not believe he was forced to confess. When asked if Master was responsible for the fire, she told the court that she didn't know anything.
'He is lying. Do you think someone will threaten you to do that, and agree to go to jail? If he was threatened, why didn't he go to the police and inform them?
'We are talking about Master, who is a foreign national, and when we talk about Sithembiso, we are talking about a South African citizen. How come he was threatened by a foreign national?' she asked. 'We were left with nothing because of him. We are left with no friends, no families, and some of the children have lost their parents. He must just come forth and tell the truth,' she said.
She added that she knew Master was selling drugs, but she did not know who was selling drugs on his behalf.
In his confession, Mdlalose said the man he had asked to sell R300 merchandise for him had not returned and he had already told Master that he gave the merchandise to KB and Master wasn't really happy with this explanation.
'I had to find him as my life was at risk. We found him on Wednesday evening,' he said in his confession.
He said that he and Siwe took KB to Usindiso Building, ground floor, where they had a room called Slaghuis — a room where people are tortured. He said at the time he didn't squander the proceeds and had to prove himself to Master by assaulting KB.
'Based on the fact that I acted in rage, I think I overdid the assault. I returned later, saw he was conscious, so I started beating him again. There was a kettle cord which I used to strangle him,' he said in his confession.
He said he wasn't intending on killing KB, but when he realised that he was no longer breathing, he was in a state of confusion and panic he had to devise a way to get rid of the body or move it.
'I decided to go buy petrol. I didn't expect my actions would lead to innocent people dying and being injured. I came back after buying the petrol and I doused his [KB's] body with petrol and I went to stand near the doorway, struck a match and threw it at his body,' read the confession.
The trial was adjourned until Friday.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Tanzania releases Ugandan activist at border, Kenyan colleague alleges torture
Tanzania releases Ugandan activist at border, Kenyan colleague alleges torture

TimesLIVE

time23-05-2025

  • TimesLIVE

Tanzania releases Ugandan activist at border, Kenyan colleague alleges torture

Tanzania has released the second of two foreign activists who had come to support an opposition leader charged with treason, her organisation said on Friday, after a Kenyan fellow activist said they had both been badly tortured. Ugandan lawyer and activist Agather Atuhaire, who had been in custody since Monday, was abandoned at the border between Tanzania and Uganda, Agora Centre for Research, the Uganda-based rights group that she leads, posted on X. 'We are relieved to inform the public that (Agather) has been found,' it said. On Thursday, Kenyan activist Boniface Mwangi, who was also detained after arriving in Dar es Salaam to attend the first court appearance of Tanzanian opposition leader Tundu Lissu, had been dumped on the Kenyan border. In a post on X, he said the last time he had been held together with Atuhaire was on Tuesday, when he had heard her groaning in pain after being tortured. Reuters could not reach Atuhaire directly. 'Our (torturers) were acting on orders from a 'state security' employee who came to immigration offices and followed us to Central police station and ordered we should be taken to a secret location to be given a 'Tanzanian treatment',' Mwangi said. Tanzanian officials had not commented on Atuhaire and Mwangi's detentions specifically, but President Samia Suluhu Hassan warned foreign activists in public comments on Monday against 'invading and interfering in our affairs'. Lissu, who came second in Tanzania's last presidential poll, was arrested last month and charged with treason over what prosecutors said was a speech calling on the public to rebel and disrupt elections due in October. The case has highlighted a crackdown on opponents of Hassan, whose party has nominated her to stand again. She won plaudits after coming to power in 2021 for easing the political repression that had proliferated under her predecessor, but has faced mounting criticism over a series of arrests and unexplained abductions and killings of political opponents. Hassan has said the government is committed to respecting human rights, and ordered an investigation into reported abductions last year. Spokespeople for Tanzania's government, police force and immigration service did not respond to repeated requests for comment about Mwangi's allegations of torture.

Ugandan activist arrested in Tanzania found 'tortured' at border: rights group
Ugandan activist arrested in Tanzania found 'tortured' at border: rights group

Eyewitness News

time23-05-2025

  • Eyewitness News

Ugandan activist arrested in Tanzania found 'tortured' at border: rights group

KAMPALA, UGANDA - A Ugandan activist who was arrested and held "incommunicado" in Tanzania after attempting to attend a treason trial for an opposition leader has been found at the Ugandan border with "indications of torture", a rights group said Friday. Ugandan activist and journalist Agather Atuhaire was arrested earlier this week alongside her Kenyan counterpart, Boniface Mwangi, a prominent campaigner against corruption and police brutality in Kenya. Atuhaire and Mwangi were among activists who went to Tanzania to show solidarity with opposition leader Tundu Lissu at the latest hearing of his treason trial on Monday. Ugandan rights group Agora Discourse posted on X on Friday that Atuhaire had been found. READ: Kenyan lawyer for Tanzania opposition leader arrested: spokesperson "She was abandoned at the border by Tanzanian authorities," it said. Its co-founder Spire Ssentongo told AFP that "Agather is under the care of family and friends". "She was dumped at the border at night by the authorities and there are indications of torture," Ssentongo added. Police in Tanzania initially told a Tanzanian rights group that Mwangi and Atuhaire would be deported by air. But Mwangi was also found abandoned on a roadside in northern Tanzania near the Kenyan border, according to the local newspaper Daily Nation. "We were both treated worse than dogs, chained, blindfolded and underwent a very gruesome torture," Mwangi told reporters on his return to Nairobi. Tanzanian President Samia Suluhu Hassan said earlier this week that foreign activists would not be allowed to interfere in the country's affairs. She urged security services "not to allow ill-mannered individuals from other countries to cross the line here".

Tanzanian police dump ‘severely tortured' activist on border as state slides back into authoritarianism
Tanzanian police dump ‘severely tortured' activist on border as state slides back into authoritarianism

Daily Maverick

time22-05-2025

  • Daily Maverick

Tanzanian police dump ‘severely tortured' activist on border as state slides back into authoritarianism

Something is rotten in the state of Tanzania. Despite promising to walk back the worst of former president John Magufuli's autocratic tendencies, following his death from Covid-19 and her ascension to the top job in 2021, Tanzanian leader Samia Suluhu Hassan has slipped right back into the dictator's mould. This week, as her fiercest opponent went on trial for treason, foreign activists travelling to Dar es Salaam to support him were detained and deported. Two of them were tortured in police custody and one is still missing. A prominent Kenyan activist was dumped at a remote border post by Tanzanian security agents on Thursday, after having been detained for days and tortured at Dar es Salaam Central Prison, alongside his Ugandan colleague. She is still missing. Photojournalist and opposition politician Boniface Mwangi and Ugandan human rights lawyer Agather Atuhaire were arrested shortly after entering the country on 18 May to attend the first court hearing of opposition politician Tundu Antiphas Lissu. Atuhaire has not been heard from since, but Mwangi said she was tortured at the prison as well. Lissu, the leader and former presidential candidate of the Chadema party, was charged with treason in early April following a political rally at which he called for election reform in the run-up to October's polls. The charge carries the death penalty in Tanzania. 'There is no legal case against Lissu,' said his younger brother, Ikoti Lissu, who is also a member of his legal team. 'Boycotting an election, campaigning for reforms – how can that become a treason charge? The president should not be allowed to appoint electoral commission officials,' the younger Lissu said. Foreign supporters detained, disappeared Mwangi and Atuhaire were part of a delegation of East African opposition leaders and human rights defenders who travelled to Dar es Salaam on 18 May to attend and observe Lissu's first court hearing. They were the only two allowed to enter the country. Several of their colleagues – Kenyan human rights defender Hussein Khalid, lawyer Martha Karua, former Kenyan chief justice Willy Mtunga, activists Lini Ngingi and Gloria Kimani and journalist Hania Safia Adan – were detained at Julius Nyerere International Airport. They were deported hours later. On the same day as Lissu's hearing, during the launch of the country's new foreign policy, Tanzanian President Samia Suluhu Hassan issued a warning to foreign activists that the country 'cannot be a place where anyone feels entitled to say whatever they want about Tanzania'. 'There is a growing trend of activists from regional blocs attempting to meddle in our affairs,' Suluhu said from the stage. 'If they are restricted in their own countries, they should not be allowed to cause disorder here.' Mwangi is no stranger to the risks of speaking truth to power. His photojournalism and activism against government corruption and oppression in Kenya – and the heavy-handed response he and his family experience in return – were documented in the award-winning 2020 film, Softie. A thorn in CCM's side Lissu returned home in 2023 following several years in exile and recovery. As a member of parliament, in 2017 he narrowly survived an assassination attempt in Dodoma in which he was shot 16 times by gunmen, who strafed his vehicle with assault rifles outside his official residence. Lissu, who had 19 surgical operations, steadfastly maintains the men were hired by then-president John Magufuli's CCM party. Attempts to contact the spokesperson for CCM and the president's office went unanswered by the time of publication. Immediately picking up the campaign trail for Chadema upon his return, Lissu was arrested within months, on the first of several occasions. Government officials said he was encouraging the public to rebel and disrupt elections. Lissu is being held at Ukonga Maximum Security Prison. At his first appearance at the Kisutu Resident Magistrates' Court on Monday, he was surrounded by at least six prison officers in the dock, prompting the judge to direct them to let him appear freely. An earlier decision to hold the hearing online was struck down, and the case was postponed to 2 June – in open court – to allow prosecutors time to finalise their case. Chadema has been banned from contesting the 2025 presidential and parliamentary elections. 'Initially when [president] Suluhu took over, she came up with lots of rhetoric about reforms,' said Chadema director of foreign affairs and the diaspora, John Kitoka. 'But she is turning out to be just as bad as Magufuli. It's the same script.' '[President Suluhu's address] was a declaration of war on free speech, human rights defenders and activists for democracy. We should brace for a new wave of abductions, forced disappearances and killings, because her statement was an endorsement of such extrajudicial crimes,' Kitoka said. The same script Suluhu came into power promising increased freedom of speech and political contestation in the wake of Magufuli's hard authoritarian regime. A steadfast Covid-19 denier, Magufuli died from the disease in March 2021, after instructing citizens to pray or inhale herb-infused steam to protect themselves. Lissu was Magufuli's most vocal critic, and continues to criticise Suluhu's CCM in the same manner. In the lead-up to elections, attacks on Chadema have ramped up once again. In September 2024, a prominent party member, Ali Mohamed Kibau, was forced off a bus, his body later found severely beaten and doused in acid. A worrisome part of the problem is the lack of judicial independence, said Ikoti Lissu. 'Judges are appointed by the president,' he said. 'The intention here is to keep Lissu in custody, without bail, [at least] until the election is over. 'But Tundu is a straightforward person. He's a guy who likes justice. The only choice they have is to intimidate him,' Lissu said. Activists' families call for information On Thursday, the families of Boniface Mwangi and Agather Atuhaire said they had become deeply concerned for the activists' safety and called on the Kenyan government to intervene. On Friday morning, Mwangi's lawyer, James WaNjeri, received news that he had been 'dumped at one of the coastal border points, severely tortured'. After managing to make contact with his wife, Njeri, Mwangi was rescued by a human rights group in the area, said WaNjeri. His feet and legs were severely beaten and he struggled to walk. Mwangi has been taken to a medical facility for treatment in Nairobi. Atuhaire is presumed to still be in police custody. The status of her health and wellbeing is unknown. DM

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store