'Alleged Usindiso arsonist was ill-advised, won’t stand by confession – Lawyer

Lawrence Mdlalose confessed to starting the August 2023 fire while giving testimony at the Khampepe Commission of Inquiry into the deadly blaze.

He was arrested and charged with over 70 counts of murder, more than 80 counts of attempted murder, and a charge of arson after 76 people died when a fire ripped through a five-storey building in Marshalltown in the Johannesburg CBD.

READ: Usindiso Fire: Security concerns keep confessed arsonist in private cell

Speaking to the media outside court, Dumisani Mabunda said they would challenge the crux of the state’s case – the alleged confession – as his client no longer stood by its content after giving another statement about his involvement in the fire.

“He didn’t have a legal representative at the time he made this so-called confession. He’s made a statement that contradicts the so-called confession. He therefore doesn’t stand by anything that was said in the confession.”

Mbunda also said after receiving legal advice, Mdlalose opted not to participate in a pointing out that was scheduled to take place last month.

“After consulting with us, we guided him, and he realised there was no need for him to participate in the pointing out. If we do the pointing out, it’s like we’re helping the state with their investigation,” Mabunda added.

However, the National Prosecuting Authority’s (NPA) Phindi Mjondonwane said despite this, the state still believes it has enough evidence to support its case against Mdlalose.

“We can confirm that the pointing out couldn’t take place after the accused decided to not part take in the pointing out process. However, as the state, we’re not worried as it won’t have a negative impact on our case because we believe that with what we have at our disposal and with the investigation that we need the police to conclude, we’ll still have sufficient evidential material to take the matter to trial.”

Mjonondwane said the state could only respond to the Mabunda statement once the defence has made the relevant application concerning the confession in court, should the matter go to trial.

“Only during plea and trial will we be in a position to determine how the matter will progress. Whether that will be the accused entering into negotiations with the state, or will the matter go to trial.”

During proceedings, the state prosecutor referred to new, “interesting” evidence that would “steer the case in the right direction”, which would be revealed at the next appearance.

Mdlalose appeared without his lawyer, who was unavailable due to a pressing personal matter.

The 29-year-old emerged from the cells in a dark grey hooded sweater and stood in the dock with his hands behind his back.

After the magistrate granted the postponement, a more cheerful Mdlalose turned to the public gallery with a smile and winked at his relatives before disappearing down the stairs.

The matter was postponed to 22 March for the defence to be present and for an update on the investigations.

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However, the National Prosecuting Authority’s (NPA) Phindi Mjondonwane said despite this, the state still believes it has enough evidence to support its case against Mdlalose.

“We can confirm that the pointing out couldn’t take place after the accused decided to not part take in the pointing out process. However, as the state, we’re not worried as it won’t have a negative impact on our case because we believe that with what we have at our disposal and with the investigation that we need the police to conclude, we’ll still have sufficient evidential material to take the matter to trial.”

Mjonondwane said the state could only respond to the Mabunda statement once the defence has made the relevant application concerning the confession in court, should the matter go to trial.

“Only during plea and trial will we be in a position to determine how the matter will progress. Whether that will be the accused entering into negotiations with the state, or will the matter go to trial.”

During proceedings, the state prosecutor referred to new, “interesting” evidence that would “steer the case in the right direction”, which would be revealed at the next appearance.

Mdlalose appeared without his lawyer, who was unavailable due to a pressing personal matter.

The 29-year-old emerged from the cells in a dark grey hooded sweater and stood in the dock with his hands behind his back.

After the magistrate granted the postponement, a more cheerful Mdlalose turned to the public gallery with a smile and winked at his relatives before disappearing down the stairs.

The matter was postponed to 22 March for the defence to be present and for an update on the investigations.

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