Yanga “Bara” Nyalara. Photo: SAPS
Cape Town - The State has withdrawn the business robbery, possession of firearms and ammunition charges against Yanga “Bara” Nyalara, setting him free.
The Brown’s Farm man had been behind bars for over two years after he was arrested in July 2022, following the murder of 12 people in Site B, Khayelitsha, in 2021.
Police slapped him with six more murder charges after a mass killing in Site C.
After his arrest, Site C residents protested for his release and said he protected them from criminals.
In August this year, Nyalara was acquitted on all murder charges.
On Tuesday, he appeared in the Cape Town Regional Court, where the State withdrew the further charges against him.
Nyalara’s lawyer, Phindile Vepile, said: “The matter appeared on November 26 at the Regional Court in Cape Town. It was on the roll for trial. The prosecutor informed the court that the complainants in the matter were no longer cooperating with the State and requested more time to persuade them to cooperate. The court refused to give them more time since the matter could not proceed on November 11 for the same reason. The State ended up withdrawing charges as a result.”
Nyalara had stated in his affidavit that he would challenge the evidence the State claimed against him.
He also said he would plead not guilty.
His co-accused, Thulani Rhatisa and Julius Ket, were sentenced to 11 and seven years in jail respectively.
In his affidavit Nyalara said: “It is alleged that on June 30, 2016, an MTN store, at the corner of Riebeeck Street and St George’s Mall, in Cape Town, was robbed at gunpoint.
“I was arrested on the same day, but at ‘some distance away’ from the crime scene. There is no eyewitness statement in the docket which states first-hand that I was involved in the alleged robbery.
“I was alone when I was arrested. I was not found in possession of any firearm, nor was I found in possession of any items allegedly robbed on the said day.
“It is alleged by the State that I am linked to the scene by touch DNA.
“I will plead not guilty to these charges. I will challenge the integrity of the alleged DNA evidence on the matter at the trial on November 11.”
He explained that when he was arrested in the Eastern Cape for a cashin-transit robbery, he was out on bail for the MTN robbery.
Warrant Officer Shaun Fortuin listed 21 cases that Nyalara was linked to from the age of 19 in 2011 until 2022, when he was arrested for the 18 counts of murder and possession of unlawful possession of a firearm and ammunition.
Nyalara had only been convicted once in 2014, for unlawful possession of a firearm and ammunition.
He is also facing a rape and kidnapping charge in Khayelitsha. The case dates back to 2017 and he was linked by his DNA. For this case he was released on bail.
mandilakhe.tshwete@inl.co.za
Cape Argus
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