Magistrate dismisses claim self-confessed Usindiso arsonist was on drugs during confession

JOHANNESBURG - The magistrate who recorded the alleged arsonist's confession to starting the deadly fire at the Usindiso building has dismissed the defence’s claim that the man was under the influence of drugs at the time of the confession.

Pieter du Plessis, a senior magistrate, was testifying for the State on Wednesday at the Palm Ridge Magistrates Court.

Du Plessis is the official to whom S’thembiso Mdlalose confessed in January 2024, admitting to being responsible for the fire that killed more than 70 people.

READ: Self-confessed Usindiso building arsonist pleads not guilty to murder, arson charges

He was giving oral testimony to counter the defence’s suggestion that Mdlalose was not sober when he confessed.

The defence is trying to invoke Section 217 of the Criminal Procedure Act, which deems confessions made while someone is not sober as inadmissible in court.

Mdlalose, who is now trying to reverse his confession, is claiming he was high on drugs when he confessed.

However, du Plessis said there were no indications that Mdlalose was under the influence at the time.

“I never got the suspicion that the accused was high on drugs. He was clean in his answers. The only thing I picked up from him is that he had real remorse.”

Du Plessis stated that when Mdlalose was brought in to confess formally, he had already been arrested the previous day and therefore would not have had access to drugs.