Despite confessing to starting the fire that killed 76 people in August 2023, Sthembiso Mdlalose, the accused has pleaded not guilty to charges of arson, murder and attempted murder.

The 32-year-old former resident of the building had last January confessed to having started the deadly fire at the five-story Marshalltown building where he and 400 other residents stayed.

On Tuesday, Mdlalose appeared at the Gauteng High Court in Palm Ridge Magistrates Court where he stated that he pleads not guilty to multiple charges of murder, attempted murder and arson.

“I plead not guilty your honour,” he stated during the first day of his trial when asked on his plea by Judge Cassim Moosa.

Addressing the accused directly Judge Moosa  emphasised to the suspect that should he be convicted on all the counts of murder, the minimum stipulated would be life imprisonment and if he is found guilty, he would face multiple life terms based on each murder charge.

“You heard what your legal representative indicated to the court that you are not going to divulge your defense at the moment. So, I’m not going to say anything in defense and you’re putting the state to prove its case… The court just wants to proceed notwithstanding the fact that your legal representative has explained the provisions of Section 51 (1) Section 51(2) property general law amendment act 105 of 1997 which is known as the minimum sentence. 

“Essentially on these 76 counts of murder what the state is saying you, is that you’ve been charged with murder linked together with the provisions of Section 51(1) which stipulate the minimum prescribed sentences. This means that in the event that you are convicted of murder on one account or all accounts of murder, the ordinary prescribed minimum sentence would be one life imprisonment in the ordinary course of business unless they are truly substantial and compelling circumstances that would cause this court to deviate in the imposition describe the minimum sentence of life in prison,” he stated.

During his confession at the Usindiso Building Commission of Inquiry last year, Mdlalose claimed that the fire began when he tried to cover up a murder by burning the victim’s body in the basement.

The 31-year-old is facing charges of admitted to the crime while claiming that he did not expect that the fire would spread to other parts of the building, resulting in the death of more than 70 people in the hours of 31 August 2023.

The trial continues on Wednesday, where the state is expected to call to the stand the first batch of its witnesses.

siyabonga.sithole@inl.co.za.

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