Yanga Nyalara and his co-accused Wanda Tofile have been acquitted of multiple murder charges. The court dropped 12 murder counts against them on Tuesday, August 13. Nyalara, known as Bara, was arrested in July 2022 after a lengthy manhunt.
The court said the single witness Mr Z who was testifying against Bara and Tofile was unreliable. The initial charges included 18 murder counts, six counts of attempted murder, illegal possession of firearms and ammunition, drug-related offenses. He was also facing charges of violating the Prevention of Organised Crime Act (POCA). The murder charges were linked to gang violence linked to extortion or protection fee in Khayelitsha. It is these gangwars that led to the massacre 12 people and injured seven others over three years ago which Bara and Tofile were charged.
Reasons for Bara acquittal
The main reason for the dropped charges was the compromised testimony of key witnesses. Lieutenant Colonel Victor Gallant, head of the provincial detective organised crime unit, explained that two of the three witnesses were killed. The remaining witness testified while wearing a mask, which raised concerns from Nyalara’s defense team who argued they could not properly assess the witness.
Gallant revealed that the surviving witness was shot at on July 2, 2024, but survived. The witness was targeted by armed men, and a bullet grazed his ankle. Gallant noted that investigating such cases is challenging due to witness intimidation and fear, often leading to witness deaths or disappearances.
The news of the acquittal was met with mixed reactions. Residents from Site C celebrated the arrest of Bara back in 2022, with some even marching to Khayelitsha Police Station demanding his release. One anonymous resident expressed hope that Bara would be released soon, reflecting concerns over rising crime in the area since his arrest.
With the trial concluded and the charges dropped, Nyalara and Tofile are no longer facing the murder charges that once loomed over them. However, Bara is still facing a robbery case which sees him appearing in Khayelitsha Magistrates Court on 22 August. Tofile will remain behind bars until September as he faces a theft charge.