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NPA wins bid to reopen State case in Usindiso Building fire trial

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By Charmaine Ndlela

The National Prosecuting Authority (NPA) has secured a major breakthrough in the Usindiso Building fire trial after the Gauteng High Court in Johannesburg, sitting in Palm Ridge, granted the State’s application to reopen its case against accused Lawrance Sithembiso Mdlalose.

Mdlalose, 30, faces 76 counts of murder and 12 counts of attempted murder, as well as charges of arson and defeating the ends of justice, following the fire that tore through the Usindiso Building in Marshalltown, Johannesburg, on 31 August 2023.

The blaze claimed 76 lives and left more than 80 people injured, making it one of South Africa’s deadliest building fires in recent history.

The State applied to reopen its case after the court raised concerns about inconsistencies in some of the post-mortem evidence presented during the trial.

The application was made after both the State and defence had closed their cases and filed heads of argument before making oral submissions. The matter was subsequently reserved for judgment.

However, before handing down judgment, the court identified discrepancies in certain post-mortem reports and directed the parties to address the concerns.

On Monday, State prosecutor advocate Thami Mpekana asked the court for permission to reopen the case to allow expert evidence to be led to clarify the disputed findings.

The defence did not oppose the application.

Presiding Judge Cassim Moosa granted the application, saying the court needed all necessary evidence before it to make a proper determination on the merits of the case.

The State will now be allowed to call further expert witnesses to provide evidence and clarify the post-mortem findings in line with the court’s directives.

The development means the trial will not proceed directly to judgment, with the State first having an opportunity to place additional evidence before the court.

NPA Gauteng spokesperson Magaboke Mohlatlole said reopening the case would ensure that all relevant evidence was properly ventilated before the court and that the matter was determined in the interests of justice.

According to the State’s case, Mdlalose was living in the Usindiso Building when he allegedly became involved in a dispute with a man known as “KB” over money linked to drugs.

The State alleges that Mdlalose assaulted the man during the dispute and, believing he had died, bought petrol before returning to the building.

He allegedly poured petrol over the victim’s body and set it alight in an attempt to conceal the assault.

The State alleges that the fire then spread rapidly through the building, trapping scores of people inside.

The circumstances surrounding the fire have since come under intense public scrutiny, particularly the conditions inside the hijacked building and the events that led to the deaths.

Mdlalose allegedly confessed twice to starting the fire but later withdrew those admissions, saying he was under the influence of drugs and had been pressured to take responsibility. He has since denied the allegations.

The reopening of the case places renewed focus on the forensic evidence that could prove critical in determining whether the State has established the causes and circumstances of the deaths beyond reasonable doubt.

Mohlatlole said the NPA welcomed the court’s decision, which would allow all relevant evidence to be considered before judgment was delivered.

The prosecution has maintained that it remains committed to presenting a comprehensive case and pursuing accountability for the 76 lives lost in the tragedy.

The matter has been postponed to 19 August 2026. Mdlalose remains in custody.

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