GQEBERHA – A Hawks officer, Xolani Busakwe, accused in connection with alleged kidnappings has been denied bail after the Gqeberha Regional Court found that his personal circumstances did not constitute exceptional circumstances justifying his release.

Acting Regional Magistrate Thabiso Mpimpilashe delivered the judgment on Friday, 30 October, refusing the bail application of Xolani Busakwe (47), who is facing charges of kidnapping and defeating the ends of justice.

The charges stem from two separate kidnapping incidents reported in the Swartkops and Kariega areas in 2025. According to the Hawks, the first incident occurred on 21 June 2025, when a woman and her husband were allegedly confronted by four armed men at their workplace.

The woman was forcibly removed from their vehicle and abducted, with a ransom demand subsequently made to her family. She was released unharmed a few days later.

A second incident reportedly occurred on 11 August 2025, when another woman was abducted from her vehicle after four armed men attacked her and her husband at their residence. She was also released unharmed after a ransom demand was paid.

In her findings, Mpimpilashe said the State had presented prima facie evidence linking Busakwe to the alleged offences, including cellphone data placing him at or near the scenes of the crimes before or during their commission. The magistrate also referred to evidence allegedly connecting him to his co-accused, from whom ransom money and assets believed to have been bought with the proceeds of crime were recovered.

According to the investigating officer’s affidavit, there was also evidence of Busakwe arranging and participating in the sale of a BMW allegedly purchased with the proceeds of crime. The magistrate said Busakwe allegedly continued using the vehicle after it had been registered in another person’s name, with his brother, Ayabulela Busakwe, having paid for it.

She further noted that, on the day Ayabulela was arrested, Busakwe allegedly drove the BMW to Pretoria and parked it at a friend’s residence rather than at his own home.

Mpimpilashe added that the circumstances surrounding the vehicle, together with the discovery of large amounts of cash and assets registered in another person’s name, raised suspicion.

The court also raised concerns about 12 police case files dating back to 2022, which were found at Busakwe’s Pretoria residence. Busakwe had previously been stationed at the Local Criminal Record Centre (LCRC) before moving to Pretoria in December 2024.

The magistrate said police officers were not permitted to keep official case files, dockets or sensitive police documents at their homes, adding that such conduct could result in the unauthorised disclosure of confidential information and interfere with investigations. She confirmed that the applicant had not provided evidence showing that he was authorised to keep the files at his residence.

Mpimpilashe further considered evidence relating to Busakwe’s cellphone use. She noted that although he denied having two devices, the second cellphone number he acknowledged as belonging to him was connected to another device.

The magistrate said Busakwe had also refused to provide his cellphone password, which the investigating officer said would prolong the process of retrieving data during the investigation.

While acknowledging that a person had the right to refuse to assist police with an investigation, she said this could also suggest that information was being concealed.

In considering the interests of justice, Mpimpilashe said the main objective of bail was to secure an accused person’s attendance at court. She acknowledged that Busakwe had a fixed residential address and strong family ties in Gqeberha, and that there was no evidence suggesting he had the means to travel, as he did not have a passport or travel documents.

The court also considered his personal circumstances, including that he was employed, had no previous brushes with the law or pending cases, and was the father of six children. However, the magistrate noted that five of the children did not live with him and found that the information provided in his affidavit about his family responsibilities and financial circumstances was insufficiently detailed.

She also considered evidence that he was on regular chronic medication but found no evidence that refusing bail would adversely affect his health.

The magistrate said the offences under consideration were serious and involved violence, with complainants allegedly kidnapped at gunpoint and threatened with assault or death if ransom money was not paid.

She further noted that, if convicted, Busakwe could face lengthy imprisonment under the prescribed minimum sentencing provisions of Section 51 of the Criminal Law Amendment Act.

Mpimpilashe said the court was not required to determine the merits of the criminal case during bail proceedings, as the quality and weight of the evidence would ultimately be assessed by the trial court. However, she rejected the argument that the State’s case was weak, finding that the applicant had not presented sufficient evidence to demonstrate that he would ultimately be acquitted.

In her conclusion, the magistrate found that Busakwe’s personal circumstances were commonplace and not out of the ordinary, and therefore did not amount to exceptional circumstances warranting his release.

“The applicant has not discharged the onus put on him by Section 60(11) of the CPA,” she said.

Bail was accordingly refused and Busakwe will reappear with his co-accused on 1 December, where they all remain in custody.

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