GQEBERHA – Xolani Busakwe, a police officer attached to the Directorate of Priority Crimes Investigation (DPCI), appeared at the Gqeberha Regional Court on Monday, 19 October for the continuation of his bail application, where the State disputed his claim that he had only one cellphone with two SIM cards.

The State alleges that each SIM card was registered on two different International Mobile Equipment Identity (IMEI) numbers, indicating that two different handsets were used. This contradicts Busakwe’s version that he owned only one cellphone and that his brother and co-accused, Ayabulela Busakwe, had been using it.

The matter was postponed on Friday, 16 October, to allow the State to follow up on allegations made by the accused in his affidavit. State prosecutor Marius Stander read out the replying affidavit of investigating officer Leon Eksteen, addressing the cellphone evidence and communication between the brothers.

“The applicant alleges he only has one cellphone that takes two SIM cards. The accused has always used two cellphones with two different handsets with different IMEI numbers,” the affidavit stated.

The State also disputed Busakwe’s claim that his brother had been using his cellphone during the kidnappings. Stander told the court that during the Lindsay Knowlden kidnapping, Ayabulela was using a cellphone with a different number.

According to the affidavit, the brothers had 86 communications during June 2025. Between 20 and 24 June, they communicated 30 times using different numbers. Stander argued that this undermined the explanation that Ayabulela had been using his brother’s phone.

“It is highly unlikely that Ayabulela would be communicating with himself using two cellphone numbers,” the affidavit stated, adding that the cellphones were not connecting to the same cellphone towers at the time of the communications.

Stander further told the court that during the Theresa Minnie kidnapping, between 20 and 24 June, co-accused Andile Mathumbu communicated with Ayabulela 54 times. The State alleged that the brothers had 155 communications between them over a two-week period.

“There is no reason for Ayabulela to use Xolani’s phone,” Stander said.

The State further alleged that Busakwe was in Gqeberha when both kidnappings took place, despite working in Pretoria. During the Knowlden kidnapping, his cellphone allegedly pinged off a tower near the PE Market, about 600 metres from the marker associated with the crime scene. His house is also near the alleged drop-off zone, according to the State’s case.

In relation to Minnie’s kidnapping, the State alleged that Busakwe’s cellphone was in the vicinity of her home around the time she was kidnapped. Busakwe blamed his brother for his phone’s presence in the area, maintaining that Ayabulela had been using it.

Busakwe also explained that he had reasons to be in Kariega, including visiting his girlfriend in KwaNobuhle and his uncle in an area he referred to as Kirkwood Street. However, Stander challenged this explanation, saying that if Busakwe meant Corkwood Street, the State’s position was that the street he referred to did not exist.

The State further argued that the locations were far from the Uitenhage RSV cellphone tower that his phone allegedly connected to that day.

During his argument in support of the bail application, advocate Sibongiseni Zimema maintained that Busakwe had one cellphone with two SIM cards and that the State’s cellphone evidence did not establish that the handset belonged to his client.

Zimema argued that the fact that a SIM card registered to Busakwe was used in a cellphone with a particular IMEI number did not prove that the handset belonged to him. He submitted that Busakwe had explained who had access to his SIM cards and that this should not be used as sufficient grounds to refuse bail.

He also argued that the State had previously seized and examined Busakwe’s cellphone before returning it to him, claiming that investigators had found nothing linking the device to the offences.

The State also disputed Busakwe’s claim that the case files allegedly found in his possession were related to cases he had been working on as a police officer. According to the affidavit, his direct supervisor indicated that Local Criminal Record Centre (LCRC) files were not permitted to be taken home for any reason.

The State further alleged that proceeds from the first kidnapping were used by Ayabulela to buy a BMW, while accused three, David Mthembu allegedly bought a bakkie. Both vehicles were registered in other people’s names. The BMW was registered in the name of a St Albans correctional services official, identified in court as Lungile Jika. The State questioned why the vehicle had been registered in someone else’s name, while the defence did not provide a reason for this during its argument.

The State also alleged that fluorescent powder used to mark the ransom money was found on money recovered in connection with Minnie’s kidnapping. The powder was not found on the money linked to the Knowlden kidnapping, according to the distinction raised in court.

Presiding magistrate Thabiso Mpimpilashe postponed the matter to 30 October for judgment on whether Busakwe will be granted bail. Busakwe was seen smiling on the stand as he noticed familiar faces in the court gallery.

Busakwe remains in custody pending Mpimpilashe’s judgment on 30 October, and will appear alongside his six co-accused, namely Simthembile Xungu, Ayabulela Busakwe, David Mthembu, Buhle Mbini, Andile Mathumbu and newly added Unathi Mayi.

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