Case reopened over Joburg fire that killed 76

The South African state has been granted permission to reopen its case against Sithembiso Lawrence Mdlalose, who is accused of setting fire to a Johannesburg building that resulted in 76 deaths. Judge Cassim Moosa made this decision at the Palm Ridge High Court in Johannesburg. Mdlalose faces 76 counts of murder, as well as charges of attempted murder, arson, and defeating the ends of justice.

The fire engulfed the five-storey Usindiso building in Marshalltown, Johannesburg CBD, early on August 31, 2023. Mdlalose appeared in court looking somber in a dark padded jacket, awaiting a verdict on the 76 murder charges. However, the state sought to reopen the case due to discrepancies in the identities of some of the deceased, as revealed by the post-mortem reports.

This led to a confrontation between Mdlalose and his lawyer, Leonard Cindi, who had not initially opposed the state's request. Mdlalose stormed out of the courtroom and later returned to inquire about his legal representation. The court, however, deemed it unjust to deny the state's request, as doing so would be a miscarriage of justice.

The state is limited to three questions when submitting its response, primarily focused on clarifying the identities of the deceased, confirming the findings of the pathologist, and reviewing the photographic evidence. The building, originally constructed in 1954 as a pass office for black South Africans, later became a shelter for abused women managed by Usindiso Ministries.

A commission of inquiry, chaired by retired Constitutional Court justice Sisi Khampepe, found that both the City of Johannesburg and the Joburg Property Company had contributed to the tragedy. Mdlalose implicated himself during the inquiry, stating that a drug dealer had instructed him to kill a man and then douse the body in petrol to conceal the act.

He later retracted the confession and pleaded not guilty. Several bodies remain unidentified and may be interred as paupers.