---
title: "Breakthrough arrest in Gqeberha prosecutor’s murder case"
description: "The attempt to flee the law by a third suspect in the murder of prosecutor Tracy Brown has been thwarted thanks to a special operation and collaboration between the Eastern Cape and Free State Hawks."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "AGE OF THE ASSASSIN"
author: "Riaan Marais"
author_url: "https://www.dailymaverick.co.za/author/riaan-marais/"
canonical_url: "https://www.dailymaverick.co.za/article/2025-12-24-breakthrough-arrest-in-gqeberha-prosecutors-murder-case/"
published: "2025-12-24T13:27:37"
lang: "en-ZA"
word_count: 570
---

# Breakthrough arrest in Gqeberha prosecutor’s murder case

> The attempt to flee the law by a third suspect in the murder of prosecutor Tracy Brown has been thwarted thanks to a special operation and collaboration between the Eastern Cape and Free State Hawks.

By Riaan Marais · Published 24 December 2025, 15:27 SAST

## Key points
- A third suspect, Thamsanqa Mthembu, has been arrested in the murder case of Nelson Mandela Bay prosecutor Tracy Brown, hindering his attempt to flee justice. The investigation continues as he remains in custody awaiting trial.
- Third suspect Thamsanqa Mthembu, 33, arrested while attempting to flee Eastern Cape, linked to prosecutor Tracy Brown's murder.
- Brown was shot outside her home on July 31, with alleged orchestration from St Albans Prison.
- Mthembu to remain in custody, facing charges alongside accused Ayabulela Busakwe and Simthembile Xungu.
- Seized cellphones from Mthembu may provide pivotal evidence connecting him and co-accused to the murder.

## Content

Nearly five months after Nelson Mandela Bay prosecutor Tracy Brown was murdered, a third suspect has been apprehended, reportedly as he was trying to flee the Eastern Cape.

The breakthrough came on Saturday following meticulous investigation by the Hawks in the Eastern Cape, in close collaboration with their counterparts and additional police units in the Free State.

Thamsanqa Mthembu (33) was brought back to Gqeberha where he made a brief appearance in the magistrates’ court on Wednesday. He reportedly indicated that he was still in the process of securing legal representation, and that he would not be applying for bail at this stage.

![Riaan Brown arrest](https://cdn.dailymaverick.co.za/i/Co4T64_NBzJcQO8t3GgW0p9rb4w=/200x100/smart/filters:strip_exif\(\)/file/attachments/orphans/ThamsanqaMthembu11_224773.jpg)

*Thamsanqa Mthembu was arrested in the Free State at the weekend in connection with the murder of Gqeberha public prosecutor Tracy Brown. (Photo: Supplied / Hawks)*

Brown (42) was gunned down outside her home in Young Park, Gqeberha, on 31 July 2025. While the motive is still under investigation, it is believed that the hit was orchestrated from within St Albans Prison.

**Read more:**[State believes Gqeberha prosecutor killing arranged from St Albans prison](https://www.dailymaverick.co.za/article/2025-09-10-state-believes-gqeberha-prosecutor-killing-arranged-from-st-albans-prison/)
She was shot multiple times in front of her partner and daughter, and succumbed to her wounds on the way to hospital.

Her death sent shockwaves through the Nelson Mandela Bay community and law fraternity and put concerns about the safety of public prosecutors into the spotlight.

**Read more:**[Suspected hitman of state prosecutor makes court appearance amid tight security](https://www.dailymaverick.co.za/article/2025-08-26-suspected-hitman-of-state-prosecutor-makes-court-appearance-amid-tight-security/)

Spokesperson for the police’s Directorate for Priority Crime Investigation (Hawks), Warrant Officer Ndiphiwe Mhlakuvana, said the arrest was made on Saturday evening thanks to a well-coordinated intelligence-led operation across the provincial borders.

“The 33-year-old suspect was arrested on 20 December at about 7.45pm, on the N1 near Bloemfontein. The police members made the arrest after receiving verified intelligence indicating that the suspect was attempting to evade justice by fleeing from the Eastern Cape province.”

Specialist units involved in the arrest included the Economic Protected Resources Unit, National Priority Violent Crime Unit of the Hawks and the Bloemfontein Flying Squad and K9 Unit.

“Upon his arrest, the suspect was found in possession of three cellphones, which have been seized and earmarked for comprehensive investigation,” Mhlakuvana added.

Mthembu was initially taken to the Welkom police station from where he was transferred to Nelson Mandela Bay. He is currently in custody at the St Albans Prison.

Further investigation also established that Mthembu is a suspect in an attempted murder case currently under investigation by Kwazakhele police in Gqeberha.

After his court appearance on Wednesday, Mthembu was remanded in custody until March 3 when he is expected to return to court alongside Ayabulela Busakwe and Simthembile Xungu.

Xungu was arrested for Brown’s murder in August. Busakwe was arrested in connection with the August kidnapping of Kariega businesswoman Theresa Minnie and was linked to Brown’s murder while in custody.

Read more: [Kidnapping suspect linked to murder of Gqeberha prosecutor](https://www.dailymaverick.co.za/article/2025-09-03-kidnapping-suspect-linked-to-murder-of-gqeberha-prosecutor/)

While both men deny their involvement in the murder plot, evidence before court, including eye-witness statements and cellphone analyses, place them in the vicinity of Brown’s home and her place of work on the day of the murder, as well as the days leading up to the shooting.

Further evidence also suggests that they communicated telephonically extensively over the same time period.

It is believed that the cellphones seized from Mthembu during his arrest will also be analysed in an attempt to establish a link with the co-accused. **DM**