Sithembiso Lawrence Mdlalose, the man who confessed to starting the fire that resulted in the death of 76 people at the Usindiso Building in Marshalltown on August 31, 2023, has according to his lawyer, issued a new statement that contradicts his initial confession.
In January, Mdlalose stunned many when he confessed to having set the building on fire after trying to conceal a murder of one of the residents, resulting in the entire five-storey building being set alight.
However, his legal representative, Dumisani Mabunda, indicated that his client has now issued a new statement that contradicts his initial version.
This, he said, would result in a trial-within-a-trial matter in which his initial confession will be tested in order 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.
On Tuesday, Mdlalose made a brief appearance in the Johannesburg Magistrate’s Court before the matter was postponed to March 22 for further investigations.
However, speaking for 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 conclude its investigation and see the matter through to its finality.
“As a State, we are duty-bound to ensure the matter is investigated and proceeds to the next stage which is the pre and trial. Only during pre and trial, we will be in a position to determine how the matter will proceed,” she said.
Last month, Mabunda revealed that both of his client’s confessions were made voluntarily.
"All we can say is that we are going to cooperate with the State. What is of paramount importance for now is the safety of our client. Whether he is going to plead guilty or not will depend on my consultations with him and obviously based on further investigations on the matter,“ he said.
Mjonondwane said the investigations will determine the next course of action and whether the matter remains in the lower or higher courts.
The Star
siyabonga.sithole@inl.co.za