A suspect who this week confessed to starting the killer Marshalltown fire six months ago faces charges of arson, *76 counts of murder and 86 counts of attempted murder.

Sithembiso Lawrence Mdlalose’s confession before a commission of inquiry came almost six months after the devastating fire which claimed 77 lives at 80 Albert Street — formerly Usindiso Ministries Women’s Shelter which was once a homely space offering shelter, education and social services to abused women and their children.

Prior to his confession on Tuesday 23 January 2024, the cause of the fire or who started it was unknown but speculations were making the rounds. At some point in the commission of inquiry into the fire, Operation Dudula was also implicated in the fire victim’s affidavits as a possible suspect.

On Tuesday Mdlalose testified in camera that the fire was started after he attempted to conceal a murder he had committed. According to Mdlalose, there were more bodies in the building, even before the fire started.

Read in Daily Maverick:‘I started deadly Marshalltown fire’ — witness arrested at inquiry into inferno

After purchasing petrol, sprinkling it on the body of the deceased and throwing a lit matchstick on the petrol to ignite it, Mdlalose said he fled from the building.

When he set the building on fire, Mdlalose said, he was high on crystal meth, which he had obtained from a drug lord in the Usindiso building, whom he referred to as the “big boss”.

Mdlalose made his first brief appearance in Johannesburg Magistrate court on Thursday following his arrest on Tuesday shortly after giving his testimony. He is to be legally represented by advocate Dumisani Mabunda.

Read in Daily Maverick: Dancehall sensation DJ Snagga T was among the 77 people who perished in Albert Street fire

Investigations into the matter are said to be ongoing along with profiling of the accused.

Speaking to the media following Mdlalose’s brief court appearance, National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said: “It was a brief appearance to place the charges formally before the court and luckily the accused is represented. As the NPA we cannot rely upon the evidence that was presented at the commission, the state is currently busy with its investigations. But with what we have at our disposal we can place the matter before court. We can confirm that a confession has been placed in front of a magistrate and meets the requirements of section 217 of  the Criminal Procedure Act.”

Responding to a media question on why the court will not use the evidence already presented to the commission through Mdlalose’s confession, Mjonondwane said: “The test is a different one when it comes to criminal proceedings. The test in criminal proceedings is to prove a case beyond any reasonable doubt, while in an inquiry the test is on a balance of probabilities. The rules of the commission clearly state that the evidence that is led before the commission may not necessarily be used in a subsequent trial. So as the state, we cannot rely on such evidence hence, we need to conduct our own investigation.”

The matter is postponed to 1 February 2024 for a formal bail hearing. The accused remains in custody. The magistrate presiding over the case would not allow for any form of recording or taking of pictures.

Meanwhile, a loco inspection by the commission of inquiry which was set for Thursday was cancelled indefinitely because of the structural integrity of the building, which poses a safety risk.

The Commission of Inquiry is adjourned until 29 January 2024. DM

* Daily Maverick has consistently reported that 77 people were killed in the fire, relying on information from activists and the Gauteng Health department. Officials have yet to clarify why Mdlalose has been charged with 76 counts of murder.