A man already facing kidnapping charges has appeared in court, only this time, charged with the brutal murder of National Prosecuting Authority prosecutor Chantelle Tracy Brown (47). Ayabulela Busakwe (31) appeared today, 3 September at the Gqeberha Magistrate’s Court, in connection with Brown’s killing outside her Young Park home on 31 July.
According to the charge sheet, Busakwe appeared alongside his co-accused, Simthembele Xungu (33), on four counts: conspiracy to commit murder, murder, unlawful possession of a firearm, and unlawful possession of ammunition.
Today’s appearance was scheduled to be for legal representation and a formal bail application for Xungu, who is accused number one. The appearance of the second accused, Busakwe, came as a shock as he was not mentioned in the previous proceedings. Brown’s family were also in court today.
Busakwe stated in court that he has applied for Legal Aid, and Xungu, who was previously represented by Legal Aid, changed counsel and is now represented by advocate Sibongiseni Zimema.
Zimema requested that the bail application against the two accused be separated; however, accused number two [Busakwe] had already abandoned his bail application. The State wished to postpone the formal bail application to 19 September, which Zimema vigorously contested. The reasoning behind the State’s proposed date is that there is a possibility that there might be further arrests in this matter.
Zimema told the court that the case against his client, Xungu, must be heard quickly, as he believes it is not constitutional to have the formal bail application of his client so far from his arrest date, which was on 21 August, even though he chose to abandon bail at his last appearance.
“Postponing the matter until 19 September for the purposes of accommodating accused number 2 [Busakwe] is unfair to my client [Xungu], as he has been in custody since 21 August. My client would have been in custody for almost a month, which is an unconstitutional time to be in custody just for waiting to appear for bail,” Zimema said.
Zimema also requested that he be allowed to see the docket linking Xungu to the assassination of Brown.
In another surprise twist in court, Zimema brought forward an application of claims from his client, Xungu, as a courtesy, so that he does not “catch the State by surprise,” he said. “My client [Xungu] has informed me that he has been severely assaulted by police. He has informed me that after the assault he is coughing blood, experiencing nosebleeds with blood clots coming out of his nose, fainting intermittently, has bloody urine, and that the police refuse to take him to a doctor.”
Zimema added that Xungu said the reason the police allegedly do not want to take him to the doctor is that they want him to confess to the crime he is accused of, and only then will they take him to the doctor. “If you do not confess, we will not help. We want you to bleed internally and die,” they said to him; accusations which shocked the court. Zimema also said that Xungu has been forced to sign documents unknown to him, without them being explained to him.
The State paid no heed to these accusations, as the State prosecutor said in court, “There is no point in telling me what application is to come. Once the application is served and filed according to due process, then I will apply my mind to these claims and respond.”
The matter was remanded to 10 September for the formal bail application of Xungu, who changed his mind about forfeiting his bail, as is his constitutional right. The State has also requested that Busakwe be present at the hearing.
Ayabulela Busakwe in Theresa Minnie kidnapping:
- The victim was safely released on 16 August 2025 near the Kariega Police Station and has since been reunited with her family
- Busakwe is further linked to a separate case in Kariega, where he first appeared before the Kariega District Court (formerly Uitenhage) on 19 August 2025
- In that matter, he faces provisional charges of extortion and kidnapping relating to the abduction of a 73-year-old woman on 11 August 2025
- He is charged alongside co-accused Andile Mathumbu (29), who initially appeared on 20 August 2025 on the same charges
- According to court evidence, the victim was abducted outside her home in Kariega by armed suspects driving a Volkswagen Polo
- A ransom demand of R1.1 million was made after the victim was forced into the vehicle
