An emotional service was held for Gqeberha prosecutor Tracy Brown at the city’s Feather Market Centre in August. (Photo: Deon Ferreira)On Tuesday, 22 September, a warrant officer attached to the Hawks’ Cyber Crime Unit was arrested after an intensive investigation by his colleagues linked him to two separate kidnappings in Nelson Mandela Bay last year.
On Friday, the same police officer, Xolani Busakwe, returned to court, this time alongside five men accused of a series of violent crimes in the metro, including the murder of Gqeberha prosecutor Tracy Brown in July 2025.
To add another unexpected twist to the unfolding story, one of the men standing next to him in the dock was his brother, Ayabulela Busakwe.
In a statement released earlier this week, the Directorate for Priority Crime Investigation (DPCI), or Hawks, said their Eastern Cape detectives made a significant breakthrough after their ongoing investigations into two kidnappings in Nelson Mandela Bay led them to the DPCI Cyber Crime Unit stationed at SAPS head office in Pretoria.
/file/dailymaverick/wp-content/uploads/2025/08/DSC_7850-copy.jpg "A picture of murdered prosecutor Tracy Brown was displayed at a memorial service for her in Gqeberha on Thursday. (Photo: Deon Ferreira)")
Hawks spokesperson Warrant Officer Ndiphiwe Mhlakuvana said the 42-year-old Xolani Busakwe was brought to Gqeberha, where he made his first court appearance on Wednesday.
“The investigation relates to kidnapping incidents reported in the Swartkops and Kariega areas, as well as allegations of performing acts aimed at causing, bringing about, promoting, or contributing towards a pattern of criminal gang activity, in contravention of the Prevention of Organised Crime Act (Poca).”
The kidnappings in question took place in June and August 2025.
On 21 June, Gqeberha resident Lindsay Knowlden was kidnapped from the Fresh Produce Market in Markman Industrial Area and her family was extorted for ransom. She was returned home safely a few days later.
On 11 August, Kariega businesswoman Theresa Minnie was abducted outside her home in Fairbridge Heights and was also released after a few days amid demands for ransom.
The similarities between the two incidents led the Hawks to believe that the two kidnappings had to be related and perpetrated by the same group.
Between these two incidents, on 31 July, Tracy Brown was shot and killed outside her Young Park home in Gqeberha after leaving work at the New Brighton Magistrate’s Court where she worked as a prosecutor.
Her murder sent shockwaves through Nelson Mandela Bay and the legal fraternity, and highlighted the dangers public prosecutors regularly face.
Then, in August 2025, Ayabulela Busakwe and Andile Mathumbu were arrested for Minnie’s kidnapping.
In September 2025, detectives linked Ayabulela to Brown’s murder, and he appeared in the Gqeberha Magistrate’s Court alongside co-accused Simthembile Xungu.
Three months later, Thamsanqa David Mthembu was arrested as the third suspect in Brown’s murder. The Hawks apprehended him in the Free State, as he was allegedly attempting to evade custody in Nelson Mandela Bay.
Another breakthrough came in May 2026 when the man believed to have orchestrated Brown’s murder from inside St Albans Prison, Buhle Mbini, was arrested. The allegations are that he faced a charge of illegal possession of a firearm after being caught with an unlicensed AK-47, and Brown was the prosecutor in the matter.
‘Criminal gang activity’
The Busakwe brothers, along with Mathumbu, Xungu, Mthembu and Mbini appeared in the Gqeberha Magistrate’s Court on Friday.
Mhlakuvana explained that not all six men were charged with Brown’s murder, as Mathumbu and Xolani Busakwe had only been charged in relation to one or both of the kidnapping cases.
“However, all six men face allegations of performing acts aimed at causing, bringing about, promoting, or contributing towards a pattern of criminal gang activity, in contravention of the Prevention of Organised Crime Act (Poca).”
/file/attachments/orphans/TracyBrown_148308.jpg "State prosecutor Tracy Brown (Photo: Facebook)")
While the matter was scheduled to continue on Friday, several issues arose, leading to the matter being postponed until Monday.
One of the accused, Mbini, was not in court, seemingly due to a mix-up at St Albans when they were meant to leave for court. According to his co-accused, when he arrived at the prison transport, his name had been omitted from the list and he was not allowed to travel with them to court.
At the same time, the magistrate presiding over the matter, as well as State advocate Marius Stander, were unable to attend court on Friday.
During proceedings, Xolani Busakwe’s legal representative also submitted that her client wished to bring a formal bail application. This is set to proceed after he made an appearance alongside his co-accused on Monday.
The matter is also expected to be transferred to the Eastern Cape Division of the High Court in Gqeberha soon.
All the accused remain in custody as the other five were previously denied bail. DM
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