GQEBERHA – In a surprise twist in what was supposed to be the formal bail application of a police official linked to several serious organised crimes, he was briefly joined on the dock by a seventh suspect in the matter in the Gqeberha Regional Court yesterday, 14 October.
Unathi Mayi from Maletswai was arrested on 23 July 2025 for robbery of a vehicle, the same day the vehicle was stolen. The State believes that the vehicle was stolen to kidnap a victim in Maletswai by three people believed to be three of the six already arrested, namely Simthembele Xungu, Buhle Mbini and David Mthembu. Mayi was the only suspect arrested, and the other three evaded arrest.
The other suspects linked to the serious organised crimes are Andile Mathumbu, Ayabulela Busakwe and his older brother, Xolani Busakwe.
Mayi elected to abandon his bail and chose to be represented by Legal Aid. The matter was postponed to 20 October for Mayi to join the other six accused facing these charges.
The State is expected to submit its affidavit in connection with the bail proceedings today, 15 October.
The appearance was before magistrate Thabiso Mpimpilashe, with State attorney Marius Stander representing the State. Stander confirmed that the charge sheet had been emailed to the defence within the stipulated time, as was previously required by him.
The State shared what it believes is the link between the police official Busakwe and the alleged crimes, stating that he was allegedly involved in two counts of robbery with aggravating circumstances, classified as Schedule 6 offences.
In his bail affidavit, Xolani Busakwe stated that he is 47 years old and lives in Motherwell with his girlfriend, with whom he had been in a relationship for two years. He alleged that he had no previous or pending criminal cases and acknowledged that he had been advised of his obligation to disclose such information truthfully, as required under Section 60(11) of the Criminal Procedure Act.
Busakwe stated that he had been employed by the South African Police Service’s Directorate for Priority Crime Investigation (DPCI) since December 2024 and was also a student at the University of Johannesburg.
He added that he had six children, all of whom lived with their respective mothers, and that he was the sole provider for his minor children.
Addressing the allegations against him, Busakwe argued in his affidavit that the charge sheet appeared to implicate him in all the information contained in the document, without clearly distinguishing his alleged involvement.
The charge sheet refers to an alleged robbery involving R1.1 million belonging to Theresa Minnie, although Busakwe indicated that he did not wish to argue this point in his affidavit.
He further stated that the allegations against him should be assessed according to the specific facts and his alleged connection to the offences, rather than the seriousness of the charges alone.
Busakwe maintained that duty rosters from work could establish where he was working between June and August 2025, although he said the relevant roster was not available to him.
He added in his affidavit that he had been served with a notice of a disciplinary hearing arising from the case and argued that his release on bail would allow him adequate time to prepare for it.
Opposing concerns that he might abscond, Busakwe said he was not a flight risk, adding that he did not have a passport and would not apply for one while the case remained pending.
The matter was adjourned for the State to submit its affidavit in response to the bail application today. The seven syndicate suspects are being held in custody.
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