The affidavit was read out in the Orlando Magistrates’ Court by the applicant’s legal representative during the five accuseds’ bail application on Monday. The five men are accused of killing 16 people at a tavern in Nomzamo Park, Orlando East, in July. They face 19 murder charges and one charge of robbery with aggravating circumstances.

Three of the murders were committed before the tavern massacre.

The applicant’s sworn statement said that the feuding burial societies, with a membership of 900,000, are Terene Ea Khosi Chakela and Terene Ea Khosi Mokata.

The applicant is a former Hawks branch commander, and the court ordered that neither he nor his co-accused be identified.

The applicant said he belonged to the Terene Ea Khosi Mokata burial society. In his affidavit, he said the Nomzamo tavern killings were committed as revenge for the killing in Kliptown of a member of the Terene Ea Khosi Chakela burial society the previous week.  

“They believed people from our burial society were responsible for the shooting in Kliptown. On the night of the shooting, some of the members of their burial society contacted them and told them that there were people from our burial society at the Nomzamo tavern. Accused one and two, with other people from our opposing burial society, then went to the Nomzamo tavern to go and kill the people from our burial society as revenge for Kliptown,” the affidavit reads.

“But when they got to the tavern they did not go inside to see if our members were still there and they just started shooting while standing outside the tavern. Fortunately for our members, they had already left.” 

Community members protest outside the Orlando Magistrates’ Court. It is reported that 16 people were killed when gunmen opened fire on patrons of Mdlalose’s Tavern in Nomzamo Park in July this year. (Photo: Gallo Images / Papi Morake)

Nomzamo Park community members at the Orlando Magistrates’ Court on 5 December 2022 in Soweto, South Africa. (Photo: Gallo Images / Papi Morake)

At least 16 people died when gunmen stormed the tavern and opened fire on patrons. Fifteen people died on the scene and at least eight others were wounded.

“I have been hurt a great deal and my family is suffering. Police Minister Bheki Cele must play his role … and ensure that they have a watertight case and that the accused do not get bail,” Harriet Mjoli said outside the court.

Mjoli, who lost her two sons, Luyanda (19) and Sthembiso (34), in the July shooting, said Cele must update the community. 

“As the Nomzamo community … we were looking forward to a speedy trial. We are also opposed to granting the accused bail because they have shown to be dangerous,” said Nceba Dzanibe, a Nomzamo resident.

Outlining how the burial societies’ rivalry arose, the applicant’s affidavit revealed that many Lesotho nationals were working in the formal mining industry in South Africa and when they died in South Africa, it was difficult to repatriate their bodies to Lesotho to be buried.

The applicant’s sworn statement says in December 2018 the Terene Ea Khosi Chakela burial society split because some people were not happy with the manner in which it was managed. 

The people at the helm of the burial society became violent and started killing those who opposed them. A new burial society and rival of the original scheme was founded in January 2019, named Terene Ea Khosi Mokata.

The applicant joined the burial society as a member. However, when the burial society found out he owned taxis, he was hired to transport members during burials. He became more involved and was elected as secretary. Members join by paying a monthly subscription of R150.

The other four accused in the matter were not ready for the bail hearing, and the only statement read out in court was that of the one applicant.  

Read more in Daily Maverick: “Weekend eruption of tavern massacres shocks South Africa to the core“

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‘Tavern must remain closed’

“We want the tavern to remain closed. And the tavern owner, why are they so quiet if they were also not in on this?” said Siziwe Mngonyama who lost her son Philani (20) and son-in-law Sphexolo (22). 

Wineth Dlamini, whose son Sibusiso (35) died in the shooting, said that the government “promised us that they will compensate us because some of our children were breadwinners”.

“That compensation will not bring our children back but it can go a long way in remedying our situation. They seem to have forgotten all about that,” said Nofundiswa Sikisi, who lost her son Seluleko (28). 

The matter was postponed to 16 January for further investigation at the request of State prosecutor Carla Britz. The five accused will remain behind bars until then. 

“It would also be in the best interest of everybody to deal with the applications in one go,” said Britz. DM