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March 22, 2024

Defence of man who confessed to burning Usindiso building says police want to implicate his client

Advocate Dumisani Mabunda says the police want to implicate his client
Photo:Sibonelo Zwane

It'll be a while before Sithembiso Mdlalose, the man accused of claiming 76 lives after burning Usindiso Building, goes to trial according to his defence. Mdlalose made a brief appearance at the Johannesburg Magistrates Court today where his matter was postponed due to issues with the docket and further investigations.


STATE PROSECUTOR OFF SICK


For the state, a prosecutor who only introduced herself as Miss Radebe told the court that the state prosecutor responsible for the matter Tshepo Mahange ka Mzizi was off sick and could not be present in court. "The investigating officer is present before court; however, he had already handed the docket to state, unfortunately it is locked in Mr Mahange ka Mzizi's office, so we request that the matter be postponed to next week, "she said.


PATIENCE IS KEY


Mdlalose's a defence Advocate Dumisani Mabunda told ZiMoja that investigations of this nature take long. "That's why we call it the long hands off the law. Unfortunately today the docket is not here. The prosecution handling this matter is not before the court, so the matter has been postponed for the docket, obviously investigations have not been finalised. Even in the next appearance we will still postpone the matter because the state still needs to get witness statements, we still have a long way to go, "said Mabunda. He added that there could be two or three other postponements before his client is ready to go to trial. Mabunda approached the accused while in the dock and told him not to make any further statements to the police. "I was explaining to him that he shouldn't make any statements if I'm not there. The police approached him and they want him to make further statements. They claim that they've gathered further information, and they somewhat want to implicate him on the matter, but I've advised him not to make any statement without me. We need to avoid a situation similar to the confession that he made without an attorney and proper legal advice, "said Mabunda. Mdlalose has been charged with 76 counts of premeditated murder, 86 counts of attempted murder and one of arson.

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