Sithembiso Lawrence Mdlalose, the man who confessed to starting the fire at Usindiso shelter that killed over 70, has issued a statement that contradicts his initial confession.
Mdlalose stunned many when he confessed to having set the building on fire on August 31, 2023 which resulted in the demise of 76 people at the Usindiso Building in Marshalltown.
His legal representative, Dumisani Mabunda, saya Mdlalose has issued a new statement that contradicts his initial confession.
Mdlalose claimed the fire was started to conceal the murder of one of the residents, resulting in the entire five-storey building being set alight.
His lawyer said this would result in a trial-within-a-trial matter in which his initial confession will be tested to test the admissibility of his earlier confession.
“The accused was taken to a police station for the pointing out. However, at the police station, we decided that he should not go ahead with the pointing out and therefore, they took a further statement. Obviously, the statement that they took contradictory to what was mentioned in the confession.
“Remember, also he did not have any legal representation at the time of the confession. He has now made a new statement which is contrary to the initial one and therefore does not stand by the confession,” Mabunda said.
The Johannesburg Magistrate’s Court on Tuesday postponed the matter to March 22 for further investigations, after Mdlalose made a brief appearance.
On behalf of the NPA, Phindi Mjonondwane said they still maintain that the confession plus the ongoing investigation will result in the matter being proceeded with, albeit on a pre-trial basis.
“We are not swayed by what the defence’s legal counsel has presented. We will proceed with the matter once the investigation has been completed.
“We can confirm as the NPA that the case has been postponed to the 22nd of March 2024 as the State we have requested a further postponement to conclude our investigations,” she said.
Mjonondwane said the State is duty-bound to investigate, conclude and determine the next course of action and whether the matter remains in the lower or higher courts.