Usindiso fire — family closer to claiming bodies after mother-daughter DNA link finally established

More than a year since the deadly Marshalltown fire at the Usindiso building, which claimed 76 lives, the bodies of victims Tlalane Buthelezi and her 14-year-old daughter, Banele, have not been released to their family.

The Johannesburg fire on 31 August 2023 was the deadliest in South African history.

In July 2024, Daily Maverick reported that the authorities could not release the bodies as even after numerous tests, a DNA link had not been established between the mother and daughter.

At the time, Gauteng Department of Health spokesperson Motalatale Modiba told Daily Maverick: “One body is without dispute, which is the mother, and can be removed at any time, but the question remains about the daughter.”

Read more: Families of 2023 Usindiso fire victims still waiting for bodies to be released

This week, however, the family confirmed to Daily Maverick that a DNA link had been established between Tlalane and Banele and the next step was to obtain their death certificates to claim the bodies.

Matsupa Phafoli, Tlalane’s sister, said the family, based in Lesotho, was relying on Tlalane’s estranged husband to get the death certificates.

“We are very happy as we have been waiting for results for over a year. Now our biggest challenge is for my brother-in-law [Tlalane’s husband] to go to Home Affairs and make [the applications for] death certificates for both.

“Since I am a citizen of Lesotho, I have a hard time going to South African Home Affairs. They have given me runarounds and the only suitable person to make [the applications] is him. But he mentioned that they have requested certain documents so we are counting on him at this point,” she said.

Gauteng Police spokesperson Brigadier Brenda Mudirili said that 16 bodies of people who died in the fire were still at the Diepkloof morgue in Soweto. At least three were awaiting DNA reports. The other 13 had not been claimed.

Unclaimed bodies across SA

As of August 2024, the Department of Health nationwide has reported that 3,186 bodies are unclaimed in morgues, with the most affected provinces being KwaZulu-Natal and the Eastern Cape, with 1,527 and 526 bodies respectively.

According to the report, at least 85% of unclaimed bodies await DNA results.

The department said these bodies had been stored for a period ranging from five months to three years despite a regulation that a pauper’s burial should be conducted after 30 days if a body remained unidentified.

According the to department, contributing factors to the number of unclaimed bodies, which appear to have led to the delay in pauper burials, include:

• Delays in analysis of DNA samples and transportation;


• Poor quality of collected fingerprints;


• Bodies arriving without any form of identification;


• People not coming forward to look for their family members’ bodies or claim them; and


• Unidentified foreign nationals.

In the Usindiso case, Mudirili said the next step would be for the relevant authority to decide whether there would be paupers’ burials for the unclaimed bodies.

“For now, we are still waiting for the last batch of DNA reports and investigations into all the leads received to trace the next of kin for some of the bodies.”

Legal delays in the arson case

Meanwhile, in court, the case of the self-confessed arsonist who claimed to have started the fire that led to the deaths of 76 people has been characterised by postponements since it resumed in January 2024.

The delays have partly been caused by the prosecution taking time to verify the identity of the accused, Sithembiso Lawrence Mdlalose. He has since retracted his initial confession that he started the fire. His former legal representative, Dumisani Mabunda, failed to appear in court on multiple occasions.

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

The postponements resulted in State prosecutor Tshepo Mahange kaMzizi issuing a notice in April of progress delay, warning of potential consequences if the defence failed to cooperate in the case.

The case was most recently postponed for the Director of Public Prosecutions to confirm an issue with the admissibility of the evidence in the case. It is due to sit again on 2 October.

A court expert told Daily Maverick that the case was likely to be transferred to the high court. The matter is currently before Johannesburg Magistrates’ Court.

A call for accountability

Nearly six months after the Khampepe Commission of Inquiry found the City of Johannesburg liable for the Usindiso tragedy, the city remains silent.

Meanwhile, the commission continues its inspections of abandoned and hijacked buildings as part of the second phase of its work.

The commission is required to complete its investigation by 31 December 2024 and submit its final report to the Premier by 31 January 2025.

Read more: Lest we forget: lessons unlearned, actions undone one year after the deadly Marshalltown fire

Commenting on the court proceedings, social justice activist Tessa Dooms said: “The retraction of the confession is important because on the day it was made, it raised questions and concerns as no one seemed aware of that confession, with everyone who took the stand at the commission having been interviewed before that.

Dooms said many of the Usindiso residents who testified at the commission said they lived in fear due to reported levels of crime in the building.

“Now with [the confession] being retracted, it opens room for a continued criminal investigation into what happened. The Khampepe report does need to be taken seriously by the City of Johannesburg and this is not just about one building, but a widespread phenomenon of unsafe state-owned buildings.

“The question that needs to be asked is why has the state allowed this to continue in its watch.” DM