KEY POINTS
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Sithembiso Mdlalose, accused of starting the fatal Usindiso fire, was granted a postponement to rest and prepare his testimony.
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He claims his initial confession was coerced by a dangerous drug lord and cited harsh detention conditions as hindering his readiness.
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The court accepted his request, with the trial within a trial set to continue on May 2 as public attention remains focused on the tragic case.
Sithembiso Mdlalose, the man accused of starting the devastating fire at the hijacked Usindiso building in Johannesburg’s CBD that claimed 76 lives in 2023, has been given additional time to prepare his testimony in a trial within a trial.
Mdlalose, appearing at the Johannesburg High Court sitting at the Palm Ridge Magistrate’s Court, had been scheduled to take the witness stand on Friday but requested a postponement to allow himself time to rest and properly prepare for his testimony.
The 31-year-old former resident of the Usindiso building faces a daunting array of charges, including 76 counts of murder, 86 counts of attempted murder, and arson.
His confession, made during a 2023 commission of inquiry, forms a central part of the prosecution’s case, but Mdlalose has since retracted it, claiming he was coerced by a powerful drug lord to falsely accept blame for the tragedy.
“These past four days have been mentally consuming. I ask the court to give me until Tuesday,” Mdlalose told the court, adding that he had no intention of evading justice but wanted to ensure he was mentally prepared to explain his version of events.
Court grants postponement after Mdlalose cites exhaustion
His lawyer, Leonard Cindi, supported the request, explaining that the harsh conditions Mdlalose faced in the Johannesburg Correctional Centre’s departure section left him little opportunity to rest or prepare adequately. Mdlalose detailed how inmates attending court proceedings were housed together in chaotic conditions, making sleep and privacy nearly impossible.
“There is no privacy and somewhere, somehow, we have to fight for a place to sleep because that’s where they keep people who are attending court proceedings,” he explained. “There is a lot of commotion. There is no peace of mind, and I hardly had time to prepare for what I am going to testify.”
The court, presided over by Judge Cassim Ismail Moosa, ultimately accepted the request, acknowledging that Mdlalose had shown good faith and was not seeking to delay proceedings unnecessarily.
“The accused has indicated to the court, he has taken the court into his confidence to say he is not only facing the court process, but when he takes the witness stand he is facing the Republic of South Africa to be able to explain what transpired on that evening,” Judge Moosa ruled.
Outside the court, Mdlalose’s father, Bheki Wilson Khumalo, expressed his anguish over his son’s plight. “It pains me to see my son in this condition,” Khumalo said, adding that he hoped to find some closure after hearing his son’s testimony. Khumalo recalled that Mdlalose had been a brilliant pupil in his youth, excelling academically before personal tragedies, such as the death of his mother in 2010, altered his trajectory.
“He is the right person, at school he passed his matric well. I was hoping that one day he could secure proper employment. But now, when things are like this, I don’t know, maybe he tripped somewhere,” he said.
Sowetanlive reports that the fire at the Usindiso building was one of the deadliest urban disasters in South African history, sparking national outrage over unsafe, hijacked buildings and highlighting the plight of vulnerable inner-city residents. Public interest in the trial remains high, as many seek answers about the circumstances that led to the catastrophe.
Mdlalose’s testimony is now scheduled for May 2, when the court will hear his account and determine whether his confession will be admissible in the main trial.
