Commissioner of Western Cape General TE Patekile outside the barber shop, the scene of multiple murders in Khayelitsha, Cape Town. 10 June 2024. (Photo: Gallo Images / Brenton Geach) 
The two murder accused, Athule Mtsha and Sithisa Masiko, appeared briefly in Khayelitsha Magistrates Court 1 on Thursday, 19 June.
They are charged with four counts of murder, eleven counts of attempted murder, two counts of illegal possession of firearms and ammunition, and one count of robbery with aggravating circumstances.
The charges stem from a mass shooting that occurred on Saturday, 8 June, when gunmen entered a barbershop on Gqrwarha Street and opened fire on patrons. Three children, ages 11 and 12 (boys), a four-year-old girl, and a 30-year-old man were killed, while several people were injured in the street.
One of the boys was shot dead while he was having a haircut. A further nine people were wounded and two escaped unharmed.
Read more in Daily Maverick: “Police ‘hope for quick arrests’ after three children die in Khayelitsha barber shop shooting”
On Thursday, family members of the deceased attended court proceedings, while a large crowd gathered outside. Both family members and residents were too afraid to discuss the killingswith the media for fear that some of those allegedly involved in the mass shooting were still roaming the streets.
Mass killings are prevalent in Khayelitsha. Monde Nqulwana, a spokesperson for the Khayelitsha Development Forum (KDF), said these killings are a hindrance to investment in Khayelitsha, adding that people are unable to start their businesses in Khayelitsha due to extortion syndicates.
Mass ‘killers’’ bid for freedom
Regional Western Cape National Prosecutor Authority (NPA) spokesperson Eric Ntabazalila said that the case had been postponed until 2 and 5 July 2024 for bail applications.
“The State will oppose this bail application as it believes that their release will in all likelihood endanger public safety, the accused will attempt to evade justice and interfere and intimidate witnesses,” said Ntabazalila.
“The State also believes that their release on bail will undermine the criminal justice system and the bail system and may lead to public disorder.”
/file/dailymaverick/wp-content/uploads/2024/06/ED_508497.jpg "Family members and residents outside the Khayelitsha barber shop. 10 June 2024. (Photo: Gallo Images / Brenton Geach)")
On 24 June 2024, the NPA will also provide a summary of facts linking the accused to the charges against them, allowing the defence to prepare for the bail application.
Ntabazalila added that Masiko’s legal representative asked the court to request the investigator to help them obtain video footage which would show that his client was not in the area where the incident happened.
Ntabazalila added that Masiko’s legal representative stated that his client has an alibi. The state agreed to assist in obtaining the footage.
Hitman Yanga ‘Bara’ Nyalara
Meanwhile, the trial of suspected hitman Yanga “Bara” Nyalara, who has been linked to several extortionist-ring murders, is expected to take place at Goodwood Prison, once it is completed, for security reasons.
Nyalara and his co-accused, Wanda Tofile, Manelisi Nguma, and Lundi Zweni, are accused of 18 murders and 6 attempted murders. The charges stem from an extortion ring operating on the Cape Flats that has killed both foreign nationals and local residents.
Zweni was allegedly confronted by armed members of a rival group also involved in the extortion of foreign shopkeepers and residents of informal settlements in Khayelitsha. Sikhumbule Nkonki — an alleged associate of Nyalara — was shot execution-style and Nyalara swore revenge. Eighteen people died in the ensuing killing spree.
Read more in Daily Maverick: “Court papers lift the lid on alleged extortionist’s Khayelitsha killing spree that left 18 dead”
During their prior appearance in the Western Cape Cape High Court in August 2023, Judge Robert Henney told the four accused that no judges were available due to a backlog in the court roll.
Other Khayelitsha mass murders:
17 April 2024: “Morning of murders — eight people shot dead in Khayelitsha”
26 March 2023: “Mass shooting in Khayelitsha leaves four dead, five injured”
7 June 2022: “Six killed in two Cape Town gun shootings within 13 hours”
May 2022: “Six dead in latest mass shooting in Cape Town as police make arrest for previous killings” DM