The Johannesburg High Court sitting in Palm Ridge has granted the State’s application to restart the case against Sithembiso Mdlalose, who is accused of starting a fire that killed 76 people at the Usindiso Building in Marshalltown in August 2023.
The court heard that the matter needed to be restarted due to issues surrounding the identification of some of the deceased victims.
State prosecutor Thami Mpekane explained why the case should begin afresh.
Mpekane said the new evidence the State intends to present cannot simply be used to supplement the existing case.
“The evidence the State intends to lead cannot be used to supplement the State’s case,” he said.
He argued that it was in the interests of justice to obtain certainty regarding the identities of the deceased and match them with the photographic evidence.
Mpekane said granting the application would not prejudice the defence or require Mdlalose to alter his case.
He said the application was aimed at providing clarity and assisting the court in reaching a sound judgment.
Judge Cassim Moosa agreed, saying it would be a travesty of justice if the application was denied.
“It is the considered view of this court that if this application were not to succeed, it would be a travesty of justice not only to both parties, but to the victims and the surviving relatives of the victims. This is simply not a game,” Moosa ruled.
The matter has been postponed to Wednesday, when new evidence is expected to be presented.
