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

Two of three witnesses in Khayelitsha mass murder trial are dead, court hears
Appearing in the Goodwood Prison Court on Monday, Yanga ‘Bara’ Nyalara and Wanda Tofile pleaded not guilty to murdering 12 people in a mass shooting in May 2021.

Two state witnesses in the trial of Yanga “Bara” Nyalara, an alleged extortionist responsible for 12 murders in Khayelitsha in May 2021, have been killed. The State wants the court to allow the last remaining eyewitness, who has already survived two attempts on his life, to testify while wearing a mask.

This emerged in the Western Cape High Court sitting in the new Goodwood Prison Court on Monday, 22 July as the case against Yanga Nyalara and his co-accused Wanda Tofile began.

The pair is charged with 12 murders, six attempted murders and illegal possession of firearms and ammunition. It was the first case to be heard at the newly constructed Goodwood Prison Court.

In this court, the accused appear in a special cell and communicate with their lawyers through the bars.

According to the initial indictment, there were four accused – Nyalara, Tofile, Manelisi Ngumla and Lundi Zweni – who faced 18 counts of murder, six counts of attempted murder, illegal possession of firearms and ammunition, dealing in and possessing drugs and violating the Prevention of Organised Crime Act (Poca).

Twelve of the 18 murder counts relate to gangs vying for a slice of an extortion ring controlled by the Guptas and Boko Haram gangs in Khayelitsha that were allegedly behind a massacre that claimed the lives of 12 and injured seven others just over three years ago.

Read more: Court papers lift the lid on alleged extortionist’s Khayelitsha killing spree that left 18 dead

The State contends that Nyalara is a prominent member of a gang that engaged in a range of criminal activities, including the extortion of informal businesses in Khayelitsha, and committed violent criminal acts aimed at instilling fear in the owners of informal businesses.

However, according to the amended indictment read into the record on Monday, only Nyalara and Tofile remain as accused. The Poca charge was dropped and both Ngumla and Zweni have since been acquitted.

Nyalara pleaded not guilty to the charges, explaining that he was arrested on 30 June 2022, a year after the mass killings, and that he did not participate in the 2021 shootings. He said he was innocent of all charges.

His co-accused also pleaded not guilty to all charges.

Six murder charges dropped


The mass shooting at Site B in Khayelitsha was preceded by the killing of Sikhumbule Nonki, a known Nyalara associate who had just collected protection money from local shopkeepers. He was allegedly confronted by members of a rival gang who were also involved in extorting shopkeepers.

Nonki was gunned down, prompting Nyalara’s alleged violent retaliation. With a group of 10 to 15 people, Nyalara allegedly went on a shooting rampage.

Nyalara and his co-accused were also charged with an 8 March 2022 massacre which left six people dead, but the prosecution said on Monday that these charges had been withdrawn. No reasons were given.

Witnesses murdered


The prosecution requested that the last surviving eyewitness to the killing of 12 people be allowed to testify via a virtual platform while wearing a mask to protect his identity.

Nyalara’s attorney objected, saying they wanted to see who the witness was.

The State then called Lieutenant Colonel Victor Gallant, head of the provincial detective organised crime unit, to provide evidence supporting its request.

Gallant told the court his unit was investigating a range of matters, including multiple murders and construction extortion. While he was not the investigating officer in the case against Nyalara and Tofile, the officer was a member of his unit.

“The difficulty in investigating cases involving multiple murders is that witnesses are afraid to testify, they flee, and are difficult to locate. In my experience, witnesses have been killed.

“In this case, the State had three witnesses. Two were killed and only one remains. Bogus police officers made an unsuccessful attempt on his life. On 2 July 2024 at 8.30pm, two armed men shot multiple times while he was at home. A bullet grazed his ankle, but he managed to escape,” Gallant told the court.

Against this backdrop, Gallant said it would be in the best interests of the witness to be allowed to testify in camera and have his face covered with a mask.

The case continues on Tuesday. DM

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