Usindiso fire accused 'not under influence at commission of inquiry'

The cross-examination of Johannesburg advocate Ntu Hamilton Moloto, the key state witness in the Usindiso fire trial, continued in the Johannesburg high court on Thursday.

Moloto, who was evidence leader at the Khampepe commission of inquiry into the Usindiso building fire, testified on the allegations that accused Sithembiso Mdlalose was intoxicated before making confession to the commission.

Mdlalose is allegedly responsible for the Usindiso building fire which claimed 76 lives in 2023. He testified before the commission and allegedly confessed to starting the fire.

He was apprehended in January last year and charged with 76 counts of murder, one count of arson and 12 counts of attempted murder.

Moloto told the court that during the commission, Mdlalose broke down in his earlier consultation with evidence leaders, mentioning that the exercise was futile as he had not been telling the truth.

Moloto said the accused informed evidence leaders he did not want to waste the commission's time any more and now wanted to tell the truth.

“We called him into the evidence room to take him through his statement and left him there. When I came back to fetch him, he was still inside and as I was about to close the door heading to the auditorium. That's when he broke down and stated that the exercise was futile and he now wants to tell the truth,” Moloto said.

According to Moloto, the accused looked composed and in his right senses, not influenced by alcohol or drugs.  

Mdlalose’s advocate Leonard Cindi had said his client was not of stable mind. He was severely impaired by drug addiction and not in a position to fully understand or control his actions.

The trial in the high court, sitting at the Palm Ridge magistrate's court, continues.

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