GQEBERHA – Six suspects are now linked to the murder of prosecutor Tracy Brown, as cellphone evidence has led investigators to three additional individuals beyond the three already in custody, the state revealed in the Gqeberha regional court today.
While three suspects remain in custody, Advocate Sibongiseni Zimela, legal representative for the first accused, Simthembile Xungu, raised concerns at the Gqeberha regional court today that the repeated postponements to add more suspects are affecting Xungu’s constitutional rights to a fair and speedy trial.
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Tracy Brown, a Gqeberha public prosecutor, was brutally killed near her home in July 2025.
She was shot dead on 31 July at her Young Park home in the presence of her partner, with suspects allegedly having followed her from her workplace at the New Brighton Magistrate’s Court.
The three who appeared before the court include Simthembile Xungu, arrested in August 2025; Ayabulela Busakwe, arrested in early September 2025; and Thamsanqa Mthembu, arrested in December 2025.
Prosecutor Marius Stander confirmed that accused number four has not yet been charged in the Brown case due to incomplete requisition procedures.
He further revealed that cellphone evidence has linked additional suspects, bringing the total number of accused to six.
Accused 4 is a detained prisoner not yet charged, Accused 5 is currently in police custody, and Accused 6 remains at large with a warrant of arrest pending, Stander told the court.
Stander explained that the Asset Forfeiture Unit has already seized assets linked to the accused and is assisting with financial investigations into alleged money laundering. However, he admitted that the financial probe will not be ready by the next court appearance.
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Defence counsel for Xungu, Zimela, argued that his client’s constitutional right to a fair and speedy trial is being compromised. Xungu has been in custody for eight months without a clear timeline for resolution. “Until when?” the defence asked, urging the court to set a final remand date.
Stander countered that the complexity of the case, involving multiple suspects, kidnapping charges, and financial flows linked to ransom payments, necessitates more time.
He noted that regional court protocols vary, and cases often take up to two years before reaching the High Court for trial.
Presiding Magistrate Thabisa Mpimpilashe granted the state’s request for a remand, allowing time to finalise investigations and bring accused 4 and 5 before the court, and for accused 6 to be arrested. However, she declined the defence’s application for a final postponement.
The matter has now been remanded to 1 June for further investigation and the formal addition of accused 4 and 5.



