Alleged Usindiso building fire arsonist challenges validity of his confession

JOHANNESBURG - Lawyers representing the man who confessed to setting alight the Usindiso building in the Johannesburg CBD have questioned how police concluded that he was sober at the time of his confession without conducting a drug test.

Sthembiso Mdlalose, who previously confessed to starting the fire that killed 76 people, is now contesting the validity of his confession.

He claims he was high on drugs when he admitted to starting the blaze and wants the confession declared inadmissible in court.

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Mdlalose's trial began on Tuesday at the Palm Ridge Magistrates Court, where he pleaded not guilty to charges of arson, murder, and attempted murder.

The investigating officer probing the Usindiso building fire told the court he observed Mdlalose’s physical condition before he confessed to setting the hijacked building on fire and based on these observations, he concluded that Mdlalose was in the right state of mind.

However, Mdlalose’s lawyer, Advocate Leonard Cindi, was visibly perplexed, questioning why no drug tests were conducted to determine whether his client was indeed under the influence.

Cindi used this point as a central part of his argument, insisting the alleged confession should be ruled inadmissible because the State can’t prove with evidence that Mdlalose was high when he confessed.

"Colonel, I can see that you’re working on assumptions, and I can’t entertain that. The contents of that confession are being challenged, and the accused was under duress."

The trial continues on Wednesday morning, with more State witnesses expected to take the stand.