Usindiso fire trial reopened as judge halts judgment over gaps in evidence identifying victims
The criminal trial arising from the deadly Usindiso Building fire has been reopened after a Johannesburg High Court judge stopped short of delivering judgment and allowed prosecutors to lead additional evidence.
Sithembiso Mdlalose had been expected to learn his fate on Monday, 17 August 2026.
Instead, the State successfully applied to reopen its case over unresolved evidentiary issues involving the identification of some victims, post-mortem reports and photographs taken following the fire.
Mdlalose faces 76 counts of murder and 12 counts of attempted murder arising from the fire that engulfed the hijacked Usindiso Building in Marshalltown on 31 August 2023.
The blaze became one of the deadliest building fires in South African history.
Judge Cassim Moosa had previously raised concerns about apparent gaps between post-mortem documentation, photographs of the deceased and the identities of victims reflected in the indictment.
Those concerns were first raised when the matter was previously set down for judgment.
The State subsequently consulted pathologists and members of the Local Criminal Record Centre involved in documenting the scene.
On Monday, prosecutor Advocate Thami Mpekana asked the court for permission to reopen the prosecution case so the outstanding issues could be addressed.
The defence did not oppose the application.
Moosa granted it, finding that the court needed all relevant evidence before reaching a proper determination in a trial of such seriousness.
The State may now lead further evidence or place additional statements before the court to clarify the identity and forensic issues.
The matter returns to court on Wednesday, 19 August.
Mdlalose remains in custody.
He previously made admissions concerning the fire but later withdrew them, giving explanations including alleged drug intoxication and pressure to accept responsibility. Those issues remain part of the broader evidence the court must ultimately assess.
Importantly, Monday’s ruling does not establish Mdlalose’s guilt.
The High Court has still not delivered its final judgme