Cases of this nature take long to investigate. Unfortunately with our criminal and justice system, the police arrest first, and investigate after.
These were the words of defence lawyer Dumisani Mabunda.
Arson suspect
Mabunda’s client is Thembiso Lawrence Mdlalose, a suspect in the deadly Usindiso building fire that broke out in Johannesburg’s Marshalltown last year. He made yet another brief appearance before the Johannesburg magistrate’s court on Friday. This led to another delay in the matter.
Mdlalose is charged with with one count of arson,76 counts of murder and 86 counts of attempted murder. He was a resident of the same building that he confessed in-camera to have set ablaze in August 2023.
Prosecutor absent, off sick
Judge Ulanda Labuschangne postponed the matter to March 27. This was because prosecutor Tshepo Mahlange Ka Mzizi, who has the docket, was off sick.
Mabunda said: “We wish that they could investigate first and gather all the evidence. This would speed up the process for trial. The postponements are due to incomplete investigations.
“I strongly believe that he who alleges, must [provide] proof. We are patiently waiting for the state to finalise their case and investigations. We will follow up with clear instructions from our client.”
Earlier this month, Ka Mzizi told the court that the investigators have received new information. He added that the information will take the case into the proper direction. His intent is to present this before the court, he added.
Mdlalose was remanded in custody.
Confession challenged
Mabunda stands strong on his intent to lead his client in challenging his confession.
He previously stated that his client was ill-informed on some of the matters when he made his alleged confession.
Mabunda said that the statement that his client made at the police station on February 1 will have a huge impact on the case.
National Prosecuting Authority spokesperson Phindi Mjonondwane said that the state will not entertain the statement. She said this will be the case until the defence makes the relevant application before court. The application to challenge the admissibility of the said confession.
Mjonondwane also confirmed that the state requested a postponement to conclude investigations.
Investigations continue
She said: “As the state, we are duty-bound to ensure that all outstanding investigations are completed. [This is] so that the matter can go to the next stage of plea and trial.
“…The matter is still in the investigation phase. We can confirm that the pointing out did not take place. The accused decided to not participate in this. What we have at our disposal will be sufficient to take the matter to trial.”
