Yanga ‘Bara’ Nyalara’s armed robbery case should be struck off amid witness no-shows, says lawyer

11 Nov 2024

Prominent crime suspect Yanga ‘Bara’ Nyalara’s lawyer has told the Cape Town Regional Court that his case should be struck off the roll following delays by the State after four witnesses failed to appear for the start of the trial.

The request by legal representative Reuben Liddell followed the State’s request for a postponement on Monday, after four witnesses failed to arrive to testify.

Nyalara was recently acquitted of extortion-linked murder charges relating to the deaths of 12 people three years ago.

On Monday, 11 November 2024, Nyalara made his first appearance for the start of his trial in the Cape Town Regional Court, where he faces charges of robbery with aggravating circumstances and illegal possession of a firearm.

These charges stem from an eight-year-old case in Cape Town.

The crime took place on 30 June 2016. According to a witness statement, Nyalara allegedly approached a victim with a firearm and stole a cellphone valued at R2,300 as well as R1,000 in cash and an MTN jacket near an MTN shop on Riebeek Street in St George’s Mall. The statement also claims that Nyalara was found in possession of an unlicensed firearm.

Read more: Acquitted Cape Town mass killing co-accused back in dock on robbery, firearm possession charges

Prosecutor A Jansen – standing in for Ebrahim Adams, who was ill – told the court they had five witnesses in the matter but only one was present at court. One witness was reluctant to come to testify and had requested a postponement.

“Two of the witnesses that the State intended to call this morning are unavailable. One witness is sick. The second witness is also unavailable due to personal matters, the witness’s mother had a stroke,” he said.

The sick witness “was reluctant to come… I then drafted an email instructing the attorney of the problems we have. This witness is extremely crucial to our case… this morning I was visited by SAPS, they told me they have managed to speak with the witness (reluctant witness) and this witness is now willing to testify.”

Jansen said this was strange and he needed time to ascertain with the witness why he had been reluctant and was now willing to testify.

The matter should be ‘struck off’

Liddell opposed the postponement because he said the State was causing delays, and requested the court to strike off the matter.

“The State has a duty to avoid… does the interest of justice under these circumstances demand that until such time when the State has its house in order you must remain in custody? I am not dictating but it would not be appropriate to postpone, the matter should be struck off the roll,” he said.

Nyalara is from Brown’s Farm in Philippi. He and Wanda Tofile, alias Mampintsa, were accused of an extortion-linked mass killing that claimed the lives of 12 people three years ago. They were acquitted due to evidence that the Goodwood Prison Court said was replete with lies and inconsistencies that made it impossible to discern the truth.

Read more: Two Cape Town mass-killing-accused suspects acquitted after judge finds testimony of sole surviving witness to be unreliable

Inside the courtroom there was heavy police presence, with five policemen, one carrying a large firearm.

Jansen argued that there is no reason to strike off the matter.

“There is no basis for advocate Liddell’s request to strike the matter, we have also been ready since this matter was on roll,” he said.

Magistrate Byron Pedro said the matter would not be struck from the roll. Instead, it was postponed to 26 and 27 November 2024 for the State to sort out the witnesses.

Rise in extortion and mass shootings

Nyalara’s mass murder case, in which he was acquitted, is linked to a larger trend of extortion across the province. It has experienced numerous mass shootings, including the 2021 killing of 12 people, with extortion being a suspected motive. Recent incidents, such as the Mzwa barber shop mass shooting on 8 June and a 17 April 2024 incident in which eight people were shot dead in Khayelitsha, have further highlighted the escalating extortion crisis.

Read more: Two of three witnesses in Khayelitsha mass murder trial are dead, court hears

In October, News24 reported that three people were gunned down in Khayelitsha. Police had received a complaint at about 8.20pm and upon arrival discovered the body of a 26-year-old man in a passage in Site C. The bodies of two women, also in their twenties and both with gunshot wounds, were discovered in a shack not far from the first scene. DM

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The matter should be ‘struck off’