GQEBERHA – The police officer attached to the Digital Forensic Investigations (DFI) unit of the Directorate for Priority Crime Investigations (DPCI), also known as the Hawks, appeared at the Gqeberha Regional Court on Thursday, October 15, for the continuation of his bail application.

It emerged in court that Xolani Busakwe was allegedly implicated by his brother, Ayabulela Busakwe, in a kidnapping. The allegations were contained in the sworn affidavit of investigating officer Warrant Officer Leon Martin Eksteen, which State prosecutor Marias Stander read into the court record.

According to Eksteen’s affidavit, Ayabulela identified his brother in a confession following his arrest. Ayabulela is implicated in the murder of National Prosecuting Authority (NPA) prosecutor Tracy Brown and the kidnapping of elderly Theresa Minnie.

Xolani does not face a murder charge. He faces charges including kidnapping, trafficking in persons, extortion, and participation in criminal gang activity. A separate investigation into the theft of case files from the Local Criminal Record Centre and possible defeating the ends of justice will not form part of the prosecution in this matter, according to the affidavit.

Eksteen’s affidavit links Xolani to the kidnappings of Lindsay Knowlden and Minnie through cellphone tower data. The investigating officer set out allegations concerning cellphone records that placed Xolani in Gqeberha during the periods in which the two women were kidnapped.

The affidavit explains that a cellphone’s location can only be determined when the phone is in use. According to Eksteen, Xolani’s cellphone received reception from a tower near Fairbridge Heights in Kariega, close to where Minnie was kidnapped, on the afternoon and evening before the abduction.

The affidavit states that if Xolani had been at his stated address in Motherwell, as he indicated he would be during his leave, his phone could not have received reception from that tower. The same drop-off point along the Addo Road, between Motherwell and the cemetery, was used in both kidnappings, according to the affidavit.

The affidavit further details financial links between the kidnappings and the purchase of vehicles. According to Eksteen, the State alleges vehicles were bought using proceeds from ransom money. Xolani is linked to the purchase of a BMW and to the removal of that vehicle from Gqeberha to Pretoria following the arrests. The affidavit also states that Xolani refused to disclose the whereabouts of a second cellphone or provide the passcode to the phone that was confiscated during his arrest.

Another detail raised in the affidavit concerns fluorescent powder the Hawks allegedly used to mark the ransom money. Traces of the powder were found on suspects and on money in their possession, according to the investigating officer’s account.

The allegations outlined in the affidavit form part of a broader investigation into suspected organised criminal activity, with the State opposing Xolani’s release on bail.

Xolani is one of seven suspects arrested and charged with serious organised crimes. The other accused are Simthembile Xungu, Ayabulela Busakwe, David Mthembu, Buhle Tsibelo Mbini, Andile Mathumba, and Unathi Mayi, who was added yesterday as the seventh member of the alleged syndicate. The affidavit lists six accused, reflecting the position before Mayi was added.

The matter was postponed to tomorrow, 16 October, for final arguments between the State and the defence. The suspect is remanded in custody.

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