While Usindiso inquiry evidence is inadmissible, doesn't stop criminal investigation: Experts

JOHANNESBURG - Legal experts have pointed out that although the evidence presented by witnesses in the Usindiso building fire commission of inquiry is inadmissible, it doesn’t eliminate the possibility of the witness becoming a suspect in a criminal investigation.

On Tuesday, a man made an astonishing confession claiming that he started the August fire which claimed 76 lives and injured 120 people in 2023.

During his in-camera testimony, he revealed that he ignited the fire to burn a person's body that he had allegedly killed.

Police arrested him hours after his confession.

ALSO READ: Evidence from uSindiso building fire witnesses can't be used in court or by police - evidence leader

Legal expert Mannie Witz explained the legal processes surrounding such matters.

“Normally inquiries of this nature, whatever evidence you give there can’t be used against you. However, with that understanding, it doesn’t stop anybody from investigating and confirming after investigating if a person is indeed involved or complicit."

While Llewelyn Curlewis, also a legal expert, said police may have their evidence against the suspect.

“If there is a prima facie case to be made out, in other words, if someone is suspected of having committed a possible offence, that person can be arrested. To get a conviction, there must be proof beyond reasonable doubt, evidence that must be constitutional. There must be evidence before court, it must be admissible and comply with the law of evidence.”