Khayelitsha barber shop murder suspects could kill more people if granted bail, court told

The State on Tuesday opposed bail for two suspects in the Khayelitsha barber shop mass shooting case, saying they could commit more murders if they were freed.

The bail hearing was held before magistrate Brendale Abrahams in the Khayelitsha Magistrates’ Court. 

Athule Mtsha and Sithisa Masiko face four counts of murder and 11 counts of attempted murder. They have also been charged with possession of a stolen vehicle and reckless and negligent driving. The court ordered that no pictures of the two be published or broadcast because an identity parade was still to be held.

The charges stem from a shooting at Mzwa Barber Shop in Site C, Khayelitsha on the afternoon of 8 June 2024. Multiple shots were fired into the barber shop, killing three people. A fourth person died from her injuries at a nearby hospital.

Those who died were Bafana Jikane (30), Lunje Chomo (12), Snoyolo Mtsamayi (11) and Enzokhule Dladlu (5). In total, 28 spent cartridges and three bullets were found at the crime scene.

Read more in Daily Maverick: Police ‘hope for quick arrests’ after three children die in Khayelitsha barber shop shooting

In an affidavit, investigating officer Constable Sibusiso Manqndi said that releasing Mtsha and Masiko on bail could endanger the safety of the public. He said there was a likelihood they would attempt to evade the trial, influence or intimidate witnesses, and that their release could lead to more murders to instil fear.

Aside from the four fatalities, the investigating officer revealed that 11 other people — most of whom were children — were inside the barber shop at the time of the shooting. Nine were injured and treated for gunshot wounds. 

The court heard that the police received information that a Toyota Quantum taxi had been seen near the crime scene. They traced the vehicle to a house and when they approached it a Toyota Hilux bakkie sped away. 

A car chase ensued and the bakkie collided with a shack. Mtsha and Masiko were arrested along with four other people.

“After a photo identification parade was conducted. I was informed that a witness pointed out two suspects. I can now verify that the witness pointed out Mtsha and Masiko,” said Manqndi. 

“[The witness] further indicated that both suspects were in possession of firearms and were active shooters at the time.

“It is feared that if the accused should be released on bail it can lead to more murders in order to instil fear in any persons that might still come forward with information in this case. If the accused [are] in custody it will create a feeling of safety and more witnesses may be identified.

“What is shocking is the fact that they did not hesitate to shoot 15 people who were inside a barber shop. Most of the victims, more so the deceased, are young, innocent children.

“The accused … did not even bother to cover their faces, hence the positive identification by the surviving victim. This gives me the impression that the accused wanted to instil fear in [the] Site C, Khayelitsha community. Multiple people were interviewed but did not want to cooperate out of fear.” 

Read more in Daily Maverick: ‘94 murders in 3 days’ — Western Cape ‘war zone’ killings exceed European country’s annual fatal shootings

Ice cream alibi

In his affidavit, Masiko claimed that at the time of the shooting he was buying ice cream at a Pick n Pay in Brackenfell. The affidavit included a payment slip for ice cream.

Mtsha stated in his affidavit that he earned money as a taxi driver, driving his mother’s Toyota Quantum. He denied being anywhere near Khayelitsha on the day of the shooting.

“My mother’s taxi has a tracker and a tracker report shows that I left home around 7am. At 2.42pm when the shooting occurred, I was in Kraaifontein, left Kraaifontein at 6.42pm and parked the taxi at home at 7.57pm,” said Mtsha.

The bail hearing continues. DM

Daily Maverick’s journalism is funded by the contributions of our Maverick Insider members. If you appreciate our work, then join our membership community. Defending Democracy is an everyday effort. Be part of it. Become a Maverick Insider.