Sithembiso Mdlalose, alleged Usindiso arsonist, gets more time to prepare his testimony

He complained that the procedure followed by the Johannesburg Correctional Centre was strenuous and did not allow him to rest, as inmates scheduled to attend court proceedings the next day were kept in the departure section. Since the start of the trial he has not returned to his cell but has been kept in the departure section. 

“There is a procedure we undergo in preparation. Since I have been attending from Tuesday I have been in the departure section.

“There is no privacy and somewhere, somehow, we have to fight for a place to sleep because that’s where they keep people who are attending court proceedings. That’s where we regroup, prisoners [from] other sections as well, and there is a lot of commotion.”  

Mdlalose said there was no peace of mind and he hardly had time to prepare for what he was going to testify. 

“I have consulted my legal representative. I have the sense that people will think we are running away. I am asking for until Tuesday so I can rest. This is a murder charge, I am fighting for my life here. I believe I owe it not only to myself but to my dad as well.”

He added his father had been attending the court proceedings since the start of the trial and the “old man was not well”. 

Despite the state’s objection, the court ruled in favour of Mdlalose and said, considering all the circumstances, he took the court into its confidence to say he was not avoiding testifying but wanted to rest.

“The accused has indicated to the court, he has taken the court into his confidence to say he is not only facing the court process, but when he takes the witness stand he is facing the Republic of South Africa to be able to explain what transpired on that evening,” ruled judge Cassim Ismail Moosa. 

Mdlalose’s father Bheki Wilson Khumalo, who has been attending the proceedings since Tuesday, said he was in pain seeing his son in that situation. 

He told journalists outside the court he will know the truth when his son testifies. “I will be fine when I hear what he says when he testifies.”