S’thembiso Mdlalose, the man who previously confessed to starting the devastating fire at the Usindiso building in Johannesburg’s CBD, is now contesting that confession, claiming it was not made voluntarily.
The 31-year-old appeared in the Palm Ridge Magistrates Court on Tuesday, where his legal team announced a challenge to the confession’s admissibility. The fire, which broke out nearly two years ago, claimed 76 lives and led to widespread calls for accountability.
In a dramatic shift, Mdlalose pleaded not guilty to all 90 charges against him, which include arson, murder, attempted murder, and obstructing the course of justice.
He told the court that he was in a compromised mental state when he initially testified at the official inquiry into the fire. He had previously admitted to being under the influence of drugs and battling addiction at the time of the incident, which he now says affected his ability to give a coherent and voluntary statement.
His lawyer, Advocate Leonard Cindi, argued that the confession presented to the court did not reflect Mdlalose’s true intentions or mental clarity at the time.
“The contents contained in his statement are not what he intended to tell the magistrate when he made the confession,” Cindi said.
The defence further alleges that Mdlalose was acting under duress from an unnamed drug kingpin he was allegedly working for when he made the initial admission.
Under the Criminal Procedure Act, any confession not made freely and voluntarily is considered inadmissible in court—a point central to the defence’s argument.
The case continues as the court prepares to determine the validity of the confession.
