Usindiso building fire case reopened after state seeks clarity on victims’ identities

Judgment in the case of the man accused of starting the 2023 Usindiso building fire that claimed the lives of 76 people was postponed on Monday after the court granted the state’s application to reopen its case.

Sithembiso Mdlalose appeared in the Johannesburg high court sitting at Palm Ridge magistrate’s court on Monday, where judge Cassim Moosa considered an application by the state.

The application followed concerns raised by the court about evidence presented during the trial, particularly relating to the identification of some of the deceased, post-mortem examination reports and photographic evidence.

The concerns were first raised on May 19, when the matter had been set down for judgment.

The judge said there appeared to be gaps between the post-mortem reports, photographs of the deceased and the identification of people listed in the indictment.

Following the judge’s concerns, the state indicated it needed time to consider the issues and consult further with state pathologists and members of the local criminal record centre involved in photographing the scene.

On Monday, state prosecutor advocate Thami Mpekana asked the court for permission to reopen the state’s case so that the outstanding issues could be addressed.

Moosa granted the application, saying the court needed all necessary evidence before it to make a proper determination on the merits of the case.

He emphasised that a criminal trial was not a game and that the court had a duty to ensure justice was done while protecting Mdlalose’s right to a fair trial.

The state will now lead further evidence, where necessary, and may submit statements to clarify the issues raised by the court.

Mdlalose remains in custody. He faces 76 counts of murder and 12 counts of attempted murder linked to the August 2023 fire at the hijacked five-storey building.

Mdlalose previously admitted to starting the fire but later withdrew his admissions. He has given different explanations for the admissions, including that he was under the influence of drugs and had been pressured to take responsibility for the fire.