Cape Town - Yanga “Bara” Nyalara and co-accused Wanda Tofile have been acquitted on all charges which included the murder of 12 people in Khayelitsha.
The pair 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.
They are both still in custody for different matters.
Tofile was sentenced for theft-related matters and is due to be released next month while Nyalara still has a business robbery case pending.
After two years their trial commenced on July 22 in the High Court sitting in the Goodwood Prison Circuit Court.
The court heard there was only one surviving witness, Mr Z. During his testimony he denied some of the things in the statement he had initially made.
After the witness’s cross-examination, Nyalara’s lawyer Reuben Lidell and Tofile’s attorney Stacey Webb submitted an application for discharge in terms of the Criminal Procedure Act, which encompasses the right of an accused to be discharged from the offence that he has allegedly committed where, at the close of the State’s case, there is no evidence on which the court may draw the accused to the charge.
Some of the questions raised by the defence were whether there was sufficient evidence implicating the accused upon which a reasonable court, acting carefully, might convict.
Liddell said: “Mr Z is not only a single witness, but an identifying witness. Mr Z testified that, as at May 15, 2021 (being the date on which the alleged incidents occurred), he was a 15-yearold 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 the cross-examination, the witness testified that the shop’s door was closed and they then followed the shooters for about 30 minutes before going home.
“He wanted this court to believe he and his friends, who were 15 years old at the time, followed a group of people 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 in his statement to police. His statement was read back to him and 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 court.”
The State argued that although the evidence was poor, it cannot be said that the evidence doesn’t exist.
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 shook hands and were beaming with smiles. Nyalara said: “This is a reflection of the powerful prayers from my family and loved ones.”
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “We are naturally disappointed. We accept the decision of the court. We take comfort that the accused (accused one in particular) has a pending case on the roll on August 22 at Cape Town Regional Court and other cases are under investigation against him.”
Outside the prison their family members celebrated the discharge. “We are happy and relieved that the charges were dropped,” a woman said.
Cape Argus