Ruling made that Usindiso arson confession admissible in court

The confession made to a magistrate in the Usindiso arson case is admissible in the trial at the High Court in Johannesburg.

The trial within a trial on the matter has concluded at the court.

Seventy-six people died in the August 2023 blaze allegedly started by Sithembiso Mdlalose.

During the Khampepe Commission of Inquiry, the accused said he started the fire at the hijacked Marshalltown building to cover a murder he had committed.

Mdlalose also confessed to a Johannesburg magistrate in January 2024 that he started the blaze, but now in the trial, he says he was not of sober mind.

Judge Cassim Moosa ruled that Mdlalose gave his confession freely and voluntarily.

“The court has dually considered the burden of proof upon each of the parties and indicated that it is for the state to prove beyond reasonable doubt, that the statement made by the accused to the Magistrate Mr du Plessis on 24 January 2024, was made freely and voluntarily – without any in due influence.”