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Last surviving witness to Khayelitsha mass shooting identifies accused as culprits

Last surviving witness to Khayelitsha mass shooting identifies accused as culprits
Vincent Cruywagen
By Vincent Cruywagen
29 Jul 2024
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The State’s last surviving witness to a mass shooting in Khayelitsha that killed 12 people in 2021 began testifying against Yanga ‘Bara’ Nyalara and Wanda Tofile in the Goodwood Prison Court on Monday.

Mr Z, who witnessed the May 2021 Khayelitsha mass shooting that claimed the lives of 12 people, testified on Monday while wearing a face mask to protect his identity.

The proceedings were held in camera. Mr Z identified the two accused in the dock as the shooters in the mass killings.

His testimony via CCTV in Goodwood Prison Court comes after Acting Judge Amanda van Leeve ruled in favour of the State, which requested that Mr Z’s face be covered to obscure his identity for safety reasons.

A report by a court preparation officer said Mr Z was still severely traumatised and would suffer harm if he was required to give evidence in open court or near the accused.

Two of Mr Z’s friends, who also witnessed the mass shooting, have since been murdered. Mr Z, the last witness still alive, believes they were killed to silence them.

Read more: State wants ‘traumatised’ witness of Khayelitsha mass killing to wear mask while testifying

Yanga “Bara” Nyalara, an alleged extortionist, and his co-accused, Wanda Tofile, have been charged with 12 murders, six attempted murders and illegal possession of firearms and ammunition. They have pleaded not guilty to the charges.

According to the State, the killings were in response to a rival group shooting one of Nyalara’s associates, Sikhumbule Nkonki. On 15 May 2021, Nkonki collected protection money from shopkeepers at the Tea and Cash Store in Site B, Khayelitsha.

He was then confronted by armed men also involved in the extortion of foreign shopkeepers and informal businesses. They shot him execution-style outside a shop.

This reportedly sparked a violent retaliation in which Nyalara and a group of men went on the rampage, shooting and killing 12 people that same day.

Knew accused’s face


Before the proceedings began on Monday, Mr Z wrote his name on a piece of paper, signed it and handed it to Van Leeve for filing in the record.

Three years after the mass shooting, Mr Z began by explaining how he knew Nyalara.

The witness told the court that he knew Nyalara before the shootings when friends from Site C identified him as the man people were complaining about regarding extortion. He’d also seen him several times near the Site C taxi rank or while sitting and drinking with friends.

“I never spoke to him. I had also seen him walking with friends or when he was going to Somali shops to collect money.”

Concerning co-accused Tofile, Mr Z told the court he had seen him in 2017 and 2018, but never had any interaction with him.

Gunshots


Recounting the events that led up to the fateful day in May 2021, the witness said he and two of his friends were inside a shop when they heard gunshots. They went outside and saw a group of about 10 or 11 men walking past, and they followed them.

Moments later, shooting broke out, lasting for about 70 minutes. Mr Z and his friends hid behind shacks as they followed the group, witnessing the mass shootings.

“While walking, the group was shooting. Except for Bara and Tofile, everyone else was wearing masks over their faces. I was able to identify the two of them because they did not cover their faces,” he said.

During his testimony, Mr Z mentioned a certain “Thulani” who he also identified. However, this name does not appear in the indictment.

“Bara was carrying two big firearms which had a handle at the back. Thulani and Mampintsha [Tofile] were carrying two small firearms each. Bara was wearing a two-piece navy Fabiani tracksuit and black takkies. Thulani was wearing all black – a black jersey, black jeans, black takkies and a K-Way hat. Tofile was wearing a black top, black jeans and black takkies. The three were not wearing masks while the rest of the group were wearing masks which covered their mouths and noses but not the eyes and the head,” he told the court.

The State says the accused had in their possession 9mm calibre semi-automatic firearms, including a Vektor Z88 semi-automatic pistol.

“The person shot in the passage was shot in the cheek and he was still alive… The shooters shot people at Ngquks Tavern – some of them ran into the tavern.

“Two of my friends with whom I witnessed the shooting, Inganathi and Esihle, have been killed because of this case.”

Mr Z was asked to enter the courtroom to identify the two accused. He did so, pointing out Bara and Tofile.

During cross-examination about a statement made to police by Mr Z, Nyalara’s lawyer requested that a subpoena be issued for the police officer who took the statement.

The case was postponed to Tuesday to allow a ballistics expert to explain some of the details in his report. DM

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