During the start of the murder trial of alleged massacre shooter Yanga “Bara” Nyalara, the State revealed that two key witnesses have been killed.
Another witness is in hiding after he was attacked earlier this month.
On Monday morning, Nyalara appeared alongside co-accused Wanda Tofile in the Western Cape High Court which sat at the Goodwood prison circuit court.
Initially the police charged four men but charges against Manelisi Ngumla and Lundi Zweni were withdrawn.
The State alleges that Nyalara is the kingpin in a criminal gang who, among other crimes, was extorting informal businesses operating in Khayelitsha.
Nyalara and Tofile face 12 counts of murder, six attempted murders, illegal possession of an unlicensed firearm and ammunition, relating to the mass shooting in Site B on 15 May 2021 Y Section, Site B, Khayelitsha.
According to the indictment, the shooting spree, in which 12 people were killed, was in retaliation for the murder of Sikhumbule Nkonki on the same day.
They were also charged with six counts of murder for an attack that took place on 8 May 2022 in Site C, Khayelitsha but these cases were withdrawn along with a Prevention of Organised Crime Act charge, as they were prominent members of a gang that engaged in a range of criminal activities which include extortion of informal businesses.
Nyalara was arrested on 1 July 2022 in Bothasig as he lay in bed with two women, according to then-Police Minister Bheki Cele.
When asked to plead, both accused told the judge they were not guilty of all of the 20 counts.
The State prosecutor said their witness’ identity is being withheld and that they will appear virtually: “Their nose and mouth will be covered up to protect their identity. There are security risks.”
The defence advocate asked to see their faces and Senior Officer, Lieutenant Colonel Victor Gallant, had to take the stand to inform the court of reasons the witness had to be hidden.
"The police battle getting witnesses in these types of cases. In this specific case, two witnesses were killed during the investigation.
“There is one remaining eyewitness left who was attacked by people pretending to be police officers he managed to escape, a while ago and on 2 July people came to his house they shot at him but he managed to escape with a grazed ankle,” said Gallant.
No one has been arrested for the attempted murder and the officer added that the witness had to go into hiding after the incident earlier this month.
The case continues at the prison court today.