THE STATE SEEKS FIVE LIFE TERMS AND 76 YEARS DIRECT IMPRISONMENT FOR THE MURDERER
20 February 2026
THE STATE SEEKS FIVE LIFE TERMS AND 76 YEARS DIRECT IMPRISONMENT FOR THE MURDERER
Wynberg, South Africa; The National Prosecuting Authority has argued that the High Court of South Africa, Western Cape Division, sentenced murderer, Ayanda Dayi, to five life sentences and seventy-five years direct imprisonment when it hands down a sentence next week following his conviction for a spree of gruesome crimes he committed. The circuit court sitting at the Wynberg Regional Court convicted Dayi on four counts of murder, one count of attempted murder, two counts of robbery with aggravating circumstances, a count of theft, three counts of illegal possession of firearms and three counts of illegal possession of ammunition.
This conviction follows a successful prosecution that was meticulously put together by Senior State Adv Esna Erasmus in collaboration with investigating officer Lieutenant Colonel Pretorius, who even used facial recognition technology to link the accused to these crimes. This case sent shock waves throughout the country after footage of three men in a Sasko bread truck was shot at point-blank range while delivering bread at a spaza shop in Symphony Way, Delft, on the morning of 16 May 2024.
Dayi’s spate of gruesome crimes started on Usasaza Street, Du Noon, on the evening of 24 January 2024, when he and an unknown man fatally shot Eric Yaphi and Elvis Thembelani Cwethiso and robbed them of the vehicle Cwethiso was driving. Police started their investigation and collected four cartridge casings at the scene. On 31 January 2024, police found the vehicle parked at Gushindoda informal settlement, Delft. The vehicle was locked, and they requested a towing service. When they returned, they found the accused with his stepson in the vehicle. The doors, bonnet and boot were open, and a firearm was on the front passenger seat. The accused escaped after throwing sand in the face of a pursuing police officer. Forensic investigation found that one of the bullets fired during the murders of Yaphi and Cwethiso was fired from the firearm seized from the vehicle. The other three came from a different firearm. Dyani’s fingerprints were also found on the vehicle.
Adv Erasmus also led evidence that on the morning of 16 May 2024, Aphiwe Nogaya and his two colleagues, Xolani Gaji and Cebisile Mfundiso, delivered bread at a spaza shop at the corner of Delft Main Road and Symphony Way. He and one of the deceased received money from the shop owner and returned to the truck. They handed the money to the driver, who started counting it as he had to drop it in the safe behind the front seats. The accused appeared in front of the truck, pointing a firearm at them. He then moved to the driver’s side and opened the driver’s door. At the same time, another man, now known as Soso, appeared at the passenger side with a firearm. They grabbed the money and a cellular phone. They also searched for firearms, whereafter they brazenly opened fire at the three occupants in the truck. A minimum of 8 shots from the two firearms were fired. Although injured, Nogaya survived the attack, was hospitalised and had to undergo surgery.
Surveillance footage, which formed part of the evidence, was played in court and handed in as evidence together with a still photograph. On 05 June 2024, Nogaya pointed out the accused in a photo parade and in court as the accused who stood in front of the truck and then went to the driver’s side. Adv Erasmus, also called Warrant Officer Keyser, a Forensic Analyst who specialises in facial identification, stationed at the South African Police Services Local Criminal Record Centre (LCRC), confirmed through morphological analysis that the accused was the person who stood in front of the bread truck as depicted on the stills and surveillance footage.
In arguments of aggravation of sentence, Adv Erasmus said the families of Yaphi, Cwethiso, Gaji and Mfundiso received death sentences at the hands of the accused. The families of each of these four deceased, as well as Nogaya, were themselves condemned to a different kind of life sentence, one of permanent grief, unanswered questions, trauma, nightmares, and irreplaceable loss. The accused has previous convictions of robbery committed on 23 August 2002, for which he was sentenced to four months suspended for four years, a rape committed on 16 July 2007 and was sentenced to 18 years direct imprisonment. He was released on parole on 17 April 2018 to finish his sentence on 15 July 2025. He was also sentenced to R1 200 or three months for illegal possession of drugs to be served concurrently with any sentence he was serving. The fact that he re-offended while benefitting from conditional release demonstrates a blatant disregard for the law and for the leniency previously extended to him.
He stands convicted of a series of extremely serious offences, five of which attract a prescribed minimum sentence of life imprisonment. The gravity and multiplicity of these convictions underscore the sustained and calculated nature of his criminal conduct. The accused has displayed a marked propensity for violence. His repeated conduct in this matter illustrates not only brutality but an entrenched willingness to resort to extreme violence. He is, quite plainly, a danger to the public at large. The accused has shown no remorse. Despite overwhelming evidence against him, he persists in maintaining his innocence. There has been no acknowledgement of wrongdoing, no insight into the harm caused, and no expression of regret toward the victims or their families.
All these factors point to one unavoidable conclusion: the accused poses a high risk of future violent conduct. His lack of empathy, absence of remorse, and demonstrated pattern of serious offending render his prospects of rehabilitation exceedingly poor. In these circumstances, the protection of society must take precedence. The accused would, in all probability, remain a danger to the community for the rest of his natural life. These were not spontaneous acts of violence. They were planned and premeditated. The evidence establishes deliberation, not impulse. Within the span of a mere five months, the accused executed four separate killings. This was not an isolated lapse in judgment. It was a sustained course of conduct marked by calculation and intent.
The frequency and proximity of murders underscore a pattern of deliberate criminality. Each act required decision, preparation, and execution. Each time, the accused chose to pull the trigger. The State respectfully submitted that there are no substantial and compelling circumstances present which would justify this Court in deviating from the prescribed minimum sentences. There is simply no basis upon which such a departure can be justified. He has shown no remorse, no insight, and no acceptance of responsibility.
She further argued that there was nothing before the court, whether individually or cumulatively, that diminished the moral blameworthiness of the accused or rendered the prescribed sentences disproportionate. On the contrary, the aggravating features are overwhelming. The interests of society, the gravity of the offences, and the protection of the public demand that the prescribed minimum sentences be imposed. The High Court will hand down a sentence at 10 am on 24 February 2026 at the circuit court sitting at Wynberg Regional Court.
Issued by:
Eric Ntabazalila
National Prosecuting Authority
Regional Communications Manager
Western Cape
Tel: (021) 487 7308
Mobile: 073 062 1222