In a shocking turn of events, one of the Cape’s most wanted men and his accomplice have been acquitted on all charges, including the mass killing of 12 people in Khayelitsha.
Yanga ‘Bara’ Nyalara and co-accused Wanda Tofile were arrested in 2022 and abandoned their right to apply for bail.
They faced 12 counts of murder, six charges of attempted murder and illegal possession of firearms and ammunition.
Despite their acquittal, they will remain in custody for different cases.
Tofile was sentenced for theft related matters and is due to be released in September while Nyalara still has a business robbery case pending.
After two years, their mass murder trial commenced on 22 July in the High Court sitting in the Goodwood Prison Circuit Court.
The court heard that there was only one surviving witness, who has only been identified as Mr Z.
During his testimony, the witness said police made a lot of mistakes in his initial statement.
Nyalara’s lawyer Reuben Lidell and Tofile’s attorney Stacey Webb consequently submitted an application for discharge in terms of Section 174 of the Criminal Procedure Act 51 of 1977, claiming there is no evidence that directly links their clients to the murders.
Liddell said: “Mr Z is not only a single witness, he is also an identifying witness. Mr Z testified that, as at 15 May 2021 (being the date on which the alleged incidents occurred), he was a 15-year-old child. He testified that he was in the presence of two friends at a shop. They heard gunshots, came out, and saw a lot of people approaching. As a result, they ran into the shop.”
Liddell said during cross-examination, the witness testified that the shop’s door was closed and that they followed the shooters for about 30 minutes before going home.
“He wanted this Honourable Court to believe that he and his friends, who were 15 years old at the time, followed a group of people who were allegedly shooting at all and sundry.
“At the commencement of the cross-examination, Mr Z unequivocally stated that what he had testified in court was exactly what was contained in his statement to the police.
“Thereafter his statement was read back to him. It became clear that Mr Z’s statement differed vastly from his testimony in court. Put bluntly, his testimony was blatantly false in an attempt to mislead this Honourable Court.”
The State contended that although the evidence was poor, it cannot be said that the evidence doesn’t exist.
However acting judge Mandy van Leeve ruled in favour of the defence and said the evidence presented was “unsatisfactory and inconsistent.”
“I have never experienced a witness like Mr Z in my career.”
After hearing this, the two accused, beaming with smiles, shook hands in the dock.
Bara was heard saying: “This is a reflection of the powerful prayers from my family and loved ones.”
Regional National Prosecuting Authority spokesman Eric Ntabazalila said the NPA accepted the court’s decision: “We are naturally disappointed that the accused were granted a Section 174 application. We take comfort that the accused (accused one in particular) has a pending case which will be on the roll on 22 August 2024 at Cape Town Regional Court and there are other cases that are under investigation against him.”
Outside the prison their family members celebrated the acquittal.
“We are happy and relieved that the charges were dropped,” a woman said.
mandilakhe.tshwete@inl.co.za