Over 10 shots to the face, neck and abdomen, a distinctive getaway car with visible markings, and a digital trail of 146 communications that allegedly tracked every move before National Prosecuting Authority prosecutor Tracy Brown was gunned down outside her Young Park home.
These chilling details emerged in the Gqeberha Regional Court today as the State revealed the sophisticated web of evidence they claim links Simthembele Xungu to Brown’s brutal assassination on 31 July.
However, in a dramatic courtroom battle, Xungu’s defense attorney, Sibongiseni Zimema, is fighting for access to the very evidence the State says will convict his client, filing an interlocutory application that is still to be ruled on by presiding magistrate, Thabisa Mpimpilashe.
The court proceedings revealed the State’s case through the affidavit of Warrant Officer Shane Bosch, the Hawks investigating officer. As the State prosecutor read from Bosch’s affidavit, a chilling picture emerged: at 18:50 on the day of the murder, Xungu was allegedly approached by a co-conspirator with a deadly instruction to “take care of a problem” – the “problem” being Tracy Brown herself.
According to Bosch’s affidavit, Xungu confessed to being recruited as the getaway driver while revealing who the actual shooter was. The conspiracy allegedly extends to an inmate at St. Albans Correctional Facility giving instructions, with two shooters and an instructor still at large.
Digital Evidence Web
Perhaps most damaging is the extensive digital evidence detailed in Bosch’s affidavit. Cell phone data revealed 146 communications between accused parties during the relevant period, with Xungu’s phone allegedly “pinging” 16 times on 30 July during surveillance and 10 additional times on 31 July while “waiting for Tracy” in the Bay Council Tower area.
“The accused used SIM cards that were not RICA registered – a typical criminal method to avoid detection,” the State prosecutor argued.
A key witness saved Xungu’s contact as “Sira” and testified that when arrested, Xungu gave the false identity “Siyabonga Gogozela” to police. The distinctive VW Polo getaway vehicle, with visible markings and spare wheel, was allegedly borrowed and returned after Brown was killed, nearly colliding with another car during the attack.
Constitutional Battle
Despite the evidence presentation, Zimema launched a fierce counterattack, arguing his client’s constitutional rights were being violated.
“My client cannot adequately participate in bail proceedings without knowing the specific allegations against him. How can we determine if the State has a strong case without seeing what evidence links him to conspiracy to commit murder?” Zimema demanded.
The defense seeks access only to docket portions linking Xungu to the crime, referencing the “Jade case” and Criminal Procedure Act Section 65 provisions. “We are entitled to get access to the docket. How will them getting video be prejudicial?” Zimema submitted.
The State opposed releasing any docket information, with the prosecutor reading from Bosch’s affidavit that witnesses have already been intimidated by gun-wielding individuals.
“The investigation remains at a sensitive stage. Releasing this information would compromise the ongoing investigation and result in evidence tampering,” the State argued, emphasizing that with “Shooter 3” still at large, disclosure would “alert remaining conspirators and defeat the ends of justice.”
Magistrate Mpimpilashe ruled the Regional Court has jurisdiction to hear the application, dismissing the State’s objection. However, she must now balance fundamental constitutional rights against investigation integrity.
The court acknowledged the principle: “If you remove information linking the accused, what is left?” while noting “there is no established right to docket access during bail proceedings, as opposed to trial proceedings.”
Broader Criminal Network
The case’s complexity was underscored by co-accused Ayabulela Busakwe, who appeared as a surprise second accused on 3 September. Busakwe, already facing separate kidnapping charges involving a R1.1 million ransom demand, has abandoned his bail application.
Bosch’s affidavit suggests a sophisticated network operating across multiple cases, with careful planning, coordinated communications, and participants from street operatives to inmates directing operations from prison.
With Brown’s family present throughout proceedings, the case highlights dangerous targeting of legal professionals. The Hawks investigation continues, with Bosch’s affidavit suggesting more arrests may be imminent as authorities work to dismantle what appears to be a criminal network reaching from Gqeberha’s streets into correctional facilities.
The matter was remanded until Friday, 19 September for the magistrate’s judgement. The two accused will remain in custody.
