Confession in Usindiso fire case is admissible, court rules
The Johannesburg high court on Monday ruled that the confession made by Lawrance Sithembiso Mdlalose, 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 to writing before a magistrate at Johannesburg magistrate's court,' National Prosecuting Authority spokesperson Phindi Mjonondwane said.
Mdlalose is accused of setting fire to the 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.
'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,' Mjonondwane said.
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 was admissible evidence. He found that the statement was made freely and voluntarily and in sound and sober senses without any undue influence.
The case will continue on Tuesday with the main trial.
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