Sithembiso Mdlalose, accused of starting a fire at the hijacked Usindiso building in the Johannesburg CBD that killed 76 people in 2023, says he is ready to tell what transpired that day.
Mdlalose, who was scheduled to take the witness stand and testify in a trial within a trial about the admissibility of his confession, asked the Johannesburg high court on Friday to postpone the case to allow him to rest and prepare his evidence.
Five witnesses have testified and the state closed its case in the trial within a trial in the court, sitting in the Palm Ridge magistrate's court.
Mdlalose's lawyer Leonard Cindi said Mdlalose wanted to directly address the court.
“These past four days have been mentally consuming. I ask the court to give me until Tuesday,” Mdlalose said.
He faces 76 counts of murder, 86 of attempted murder and arson.
The 31-year-old, who used to live in the Usindiso building, allegedly confessed to having started the fire during a commission of inquiry last year established to probe its cause. Mdlalose later retracted his confession, claiming he was coerced to take the blame by a dangerous drug lord.
“It's not like I am running away or hiding something. I have wanted this day to come so I can testify so the truth can be known, because people out there need answers.”
He complained that the procedure followed by the Johannesburg Correctional Centre was strenuous and did not allow him to rest, as inmates scheduled to attend court proceedings the next day were kept in the departure section. Since the start of the trial he has not returned to his cell but has been kept in the departure section.
“There is a procedure we undergo in preparation. Since I have been attending from Tuesday I have been in the departure section.
“There is no privacy and somewhere, somehow, we have to fight for a place to sleep because that's where they keep people who are attending court proceedings. That's where we regroup, prisoners [from] other sections as well, and there is a lot of commotion.”
Mdlalose said there was no peace of mind and he hardly had time to prepare for what he was going to testify.
“I have consulted my legal representative. I have the sense that people will think we are running away. I am asking for until Tuesday so I can rest. This is a murder charge, I am fighting for my life here. I believe I owe it not only to myself but to my dad as well.”
He added his father had been attending the court proceedings since the start of the trial and the “old man was not well”.
Despite the state's objection, the court ruled in favour of Mdlalose and said, considering all the circumstances, he took the court into its confidence to say he was not avoiding testifying but wanted to rest.
“The accused has indicated to the court, he has taken the court into his confidence to say he is not only facing the court process, but when he takes the witness stand he is facing the Republic of South Africa to be able to explain what transpired on that evening,” ruled judge Cassim Ismail Moosa.
Mdlalose's father Bheki Wilson Khumalo, who has been attending the proceedings since Tuesday, said he was in pain seeing his son in that situation.
He told journalists outside the court he will know the truth when his son testifies. “I will be fine when I hear what he says when he testifies.”
Khumalo said his son was a brilliant pupil at school and obtained good grades when he completed matric.
“He is the right person, at school, he passed his matric well. I was hoping that one day he could secure proper employment. But now, when things are like this, I don't know, maybe he tripped somewhere. I don't know, because I think the passing of his mother in 2010 hurt him so much.”
The case was postponed to May 2 for the continuation of the trial within a trial.
TimesLIVE
Sithembiso Mdlalose, alleged Usindiso arsonist, gets more time to prepare his testimony
Image: Lerato Maphoso
Sithembiso Mdlalose, accused of starting a fire at the hijacked Usindiso building in the Johannesburg CBD that killed 76 people in 2023, says he is ready to tell what transpired that day.
Mdlalose, who was scheduled to take the witness stand and testify in a trial within a trial about the admissibility of his confession, asked the Johannesburg high court on Friday to postpone the case to allow him to rest and prepare his evidence.
Five witnesses have testified and the state closed its case in the trial within a trial in the court, sitting in the Palm Ridge magistrate's court.
Mdlalose's lawyer Leonard Cindi said Mdlalose wanted to directly address the court.
“These past four days have been mentally consuming. I ask the court to give me until Tuesday,” Mdlalose said.
He faces 76 counts of murder, 86 of attempted murder and arson.
The 31-year-old, who used to live in the Usindiso building, allegedly confessed to having started the fire during a commission of inquiry last year established to probe its cause. Mdlalose later retracted his confession, claiming he was coerced to take the blame by a dangerous drug lord.
“It's not like I am running away or hiding something. I have wanted this day to come so I can testify so the truth can be known, because people out there need answers.”
He complained that the procedure followed by the Johannesburg Correctional Centre was strenuous and did not allow him to rest, as inmates scheduled to attend court proceedings the next day were kept in the departure section. Since the start of the trial he has not returned to his cell but has been kept in the departure section.
“There is a procedure we undergo in preparation. Since I have been attending from Tuesday I have been in the departure section.
“There is no privacy and somewhere, somehow, we have to fight for a place to sleep because that's where they keep people who are attending court proceedings. That's where we regroup, prisoners [from] other sections as well, and there is a lot of commotion.”
Mdlalose said there was no peace of mind and he hardly had time to prepare for what he was going to testify.
“I have consulted my legal representative. I have the sense that people will think we are running away. I am asking for until Tuesday so I can rest. This is a murder charge, I am fighting for my life here. I believe I owe it not only to myself but to my dad as well.”
He added his father had been attending the court proceedings since the start of the trial and the “old man was not well”.
Despite the state's objection, the court ruled in favour of Mdlalose and said, considering all the circumstances, he took the court into its confidence to say he was not avoiding testifying but wanted to rest.
“The accused has indicated to the court, he has taken the court into his confidence to say he is not only facing the court process, but when he takes the witness stand he is facing the Republic of South Africa to be able to explain what transpired on that evening,” ruled judge Cassim Ismail Moosa.
Mdlalose's father Bheki Wilson Khumalo, who has been attending the proceedings since Tuesday, said he was in pain seeing his son in that situation.
He told journalists outside the court he will know the truth when his son testifies. “I will be fine when I hear what he says when he testifies.”
Khumalo said his son was a brilliant pupil at school and obtained good grades when he completed matric.
“He is the right person, at school, he passed his matric well. I was hoping that one day he could secure proper employment. But now, when things are like this, I don't know, maybe he tripped somewhere. I don't know, because I think the passing of his mother in 2010 hurt him so much.”
The case was postponed to May 2 for the continuation of the trial within a trial.
TimesLIVE
MORE:
Usindiso fire accused 'not under influence at commission of inquiry'
Tshwane's hijacked buildings turned into mini informal settlement and motor spares shop
This is not the son I raised: father of arson suspect accused of 76 murders
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