Self-confessed Usindiso Building arsonist, Sithembiso Mdlalose, who stands accused of starting the deadly fire, broke down in the High Court, sitting in Palm Ridge, when he took the stand on Wednesday.

The 32-year-old former Maths tutor told the court that he only confessed because he wanted to avoid a life on the street, adding that when he looks back at his life, he feels bad.

“The only crime that My Lord can convict me of is perjury and lying under oath. That is the only crime. I never killed anyone. There was never a statement or even a confession. Sometimes when I look back, I admire how I was able to even convince the magistrates that I might have been the one who started the fire. I thought prison would provide me with shelter because I could not face life on the streets anymore,” he said.

The 32-year-old, who faces 76 counts of murder, as well as charges of attempted murder and arson, was informed by presiding Judge Cassim Moosa of the potential consequences if he was convicted.

“Ordinarily, if a person is convicted on all 76 counts of murder, that individual will face the reasonable possibility of life imprisonment on each count,” resulting in Mdlalose telling the court that he had lied about his involvement in the fire.

Mdlalose’s change of tune comes more than a year after he confessed to having started the fire during the Commission of Inquiry into the fire in 2024.

In May this year, the High Court, sitting in Palm Ridge, ruled that the confession made by Mdlalose is admissible as evidence, with Mdlalose’s defence arguing that this confession was made under duress.

“Mdlalose gave testimony on 23 January 2024, allegedly implicating himself as the one who started the fire, resulting in an order by Justice Khampepe that he be taken to a magistrate to reduce his confession in writing.

“Despite the defence’s argument that the accused’s confession was made under duress and when he was high on drugs, State advocates Thamsanqa Mpekana and Percy Monareng submitted that the statement given to the magistrate was made voluntarily and in sound and sober senses, an unequivocal admission of guilt,” the National Prosecuting Authority said at the time. 

The Usindiso Building Fire Commission, which concluded last year, recently submitted to Gauteng Premier Panyaza Lesufi, who last week said the report found that the City of Johannesburg has a long-standing record of neglecting its own buildings in the area.

It also points to systemic failures and poor by-law enforcement, holding the city accountable for the lack of affordable housing, which it said has forced vulnerable residents into unsafe living conditions.

Mdlalose is set to return to court on Wednesday, September 17, where the State will cross-examine him on his testimony.

siyabonga.sithole@inl.co.za

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