Prosecutors push for maximum sentences for serial killer Ayanda Dayi

The State is seeking five life sentences for Ayanda Dayi, a serial offender recently convicted of a disturbing series of violent crimes in the Wynberg Regional Court.

Dayi faces multiple charges, including four counts of murder, one count of attempted murder, two counts of robbery with aggravating circumstances, one count of theft, as well as three counts each of illegal possession of firearms and illegal possession of ammunition.

Senior State Prosecutor, Advocate Esna Erasmus, with the help of investigating officer Lieutenant Colonel Pretorius, was lauded for their conviction and for using facial recognition technology to link Dayi to the crimes. 

One of Dayi’s crimes that sent shockwaves throughout the country was when video 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 in Delft on May 16, 2024. 

According to the provincial spokesperson of the National Prosecuting Authority (NPA), Eric Ntabazalila, Dayi’s spate of crimes started in Usasaza Street in Du Noon on January 24, 2024, when he and an unknown man shot and killed Eric Yaphi and Elvis Thembelani Cwethiso and robbed them of the vehicle Cwethiso was driving.

Evidence before the court revealed that police collected four casings at the crime scene. The stolen vehicle was recovered on January 31, 2024, parked in the Gushindoda informal settlement in 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,” Ntabazalila said. 

On May 16, 2024, the court heard that 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 court further heard that Dayi appeared in front of the truck, pointing a firearm at them. Dayi moved to the driver’s side and opened the door, while at the same time, another man known as Soso appeared at the passenger side with a firearm. They grabbed the money and a cell phone. 

The duo searched the truck for firearms, then brazenly opened fire at the three occupants. A minimum of eight shots from two firearms were fired. Nogaya was injured during the shooting but was hospitalised and had to undergo surgery. 

Surveillance footage was handed in as evidence to the court and played in court along with a still photograph. 

On June 5, 2024, Nogaya pointed out Dayi in a photo parade. 

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 Dayi was the person who stood in front of the bread truck as depicted on the stills and surveillance footage.

During the arguments of aggravation of sentence, Advocate Erasmus told the court the families of the victims were condemned to a different life sentence, one of permanent grief, unanswered questions, trauma, nightmares, and irreplaceable loss. 

The court also heard that Dayi has previous convictions. 

On August 23, 2002, Dayi was convicted of robbery and sentenced to four months suspended for four years. A rape committed on July 16, 2007, to which he was sentenced to 18 years’ direct imprisonment. 

Dayi was released on parole on April 17, 2018. He was also sentenced to a R1,200 fine or three months for the illegal possession of drugs. 

“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,” Ntabazalila said. 

Advocate Erasmus argued Dayi displayed a marked propensity for violence, and his repeated conduct in this matter illustrates not only brutality but an entrenched willingness to resort to extreme violence.

She described him as a danger to society who has shown no remorse. 

Despite the overwhelming evidence, Dayi maintained his innocence. 

“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,” Advocate Erasmus submitted. 

Further submitting: “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.”

Advocate Erasmus urged the court to sentence Dayi to five life sentences and seventy-five years of direct imprisonment when it hands down a sentence next week. 

She further argued that there was nothing before the court, whether individually or cumulatively, that diminished the moral blameworthiness of Dayi 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 10am on February 24, 2026, at the circuit court sitting at Wynberg Regional Court,” Ntabazalila said. 

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