Hawks cybercrimes officer denied bail in Bay kidnapping case

A Hawks cybercrimes investigator accused of involvement in a series of kidnappings and extortion cases in Nelson Mandela Bay has been denied bail, with the court finding that the state's case against him is strong and that his release may endanger public safety.

Acting magistrate Thabisa Mpimpilashe delivered her judgment in Warrant Officer Xolani Busakwe's bail application in the Gqeberha regional court on Friday, finding that his personal situation did not amount to exceptional circumstances that would justify his release.

"The applicant has presented no evidence on a balance of probabilities that the state's case is weak or non-existent and that he will be ultimately acquitted," Mpimpilashe said.

Busakwe, 47, faces allegations relating to the kidnapping of Lindsay Knowlden, who was abducted at gunpoint at the PE Market in Markman on June 21 2025, and that of Theresa Minnie, who was snatched from her car in Fairbridge Heights, Kariega, less than two months later.

Their husbands were each confronted with ransom demands for millions of rand to secure their wives' release — R5m in Knowlden's case and R10m in Minnie's.

According to an affidavit by the investigating officer, Warrant Officer Leon Eksteen, both kidnappings involved armed men, ransom negotiations and threats to kill the women if the money was not paid.

Knowlden was released after a ransom of R1.2m was paid on June 24 2025, while Minnie's family paid R1.1m on August 16 that year.

Eksteen outlined how cellphone tower records, communications between the accused, cash transactions and fluorescent powder allegedly found on the ransom money were used to build the state's case.

Busakwe is among several suspects accused of participating in criminal gang activity.

Though some of his co-accused have allegedly been linked to the murder of Gqeberha prosecutor Tracy Brown, he is not charged with her killing.

His co-accused include his brother, Ayabulela, Sithembile Xungu, David Mthembu, Buhle Mbini and Andile Mathumba.

Brown was shot multiple times while seated in her vehicle outside her Young Park home on July 31, 2025.

She had allegedly been followed home from the New Brighton Magistrate's Court.

The state alleges that Brown was targeted because she was prosecuting Mbini for the illegal possession of a firearm.

Mbini was arrested in May 2026 and is alleged to have orchestrated the killing from inside the St Albans prison.

Busakwe and Mathumba are the only accused in the group who are not charged with Brown's murder.

In his affidavit, Busakwe said he was an unmarried father and the sole breadwinner in his family.

He said he had no previous convictions or pending cases, worked for the SA Police Service and was studying digital forensic investigation at the University of Johannesburg.

He also claimed to be chronically ill, arguing that his continued detention could affect his examinations and his ability to prepare for disciplinary proceedings initiated by his employer.

Busakwe said he had no passport or other travel documents and did not intend applying for any while the matter was pending.

Mpimpilashe said she had weighed the interests of justice against Busakwe's right to personal freedom, including the prejudice he was likely to suffer if detained.

She acknowledged that he had a fixed residential address, was employed and had no previous brushes with the law or pending cases.

However, she said most of his children were not living with him and he was therefore not their primary caregiver.

Mpimpilashe also questioned the detail provided in his affidavit, saying it did not explain the circumstances of the mothers of his children or whether they were employed.

"To say [he] is a sole breadwinner in his household, I believe he refers to where he stays with his girlfriend and the two-year-old child," she said.

She said his claim that he was studying had not been substantiated.

Mpimpilashe said that though the state was not required to prove its case beyond reasonable doubt during bail proceedings, an accused relying on the weakness of the state's case had to establish that weakness on a balance of probabilities.

She said Busakwe had not sufficiently challenged the merits of the state's case in his affidavit.

"Therefore, the applicant adduced no evidence to show the weakness of the state evidence."

In considering Eksteen's affidavit, Mpimpilashe highlighted several aspects of the state's case against Busakwe.

They included cellphone data allegedly placing him at or near crime scenes before or during the commission of the crimes, and evidence alleged to connect him to co-accused from whom money and assets bought with the proceeds of crime were recovered.

The investigating officer had also alleged that Busakwe arranged and participated in the purchase of a BMW using the proceeds of crime.

According to the state's case, Busakwe continued to be involved with the vehicle after it was registered in another person's name, though Ayabulela had paid for it.

When Ayabulela was arrested with the alleged ransom money, Busakwe allegedly moved the BMW to Pretoria.

"I do not believe that the state case is weak, considering the above-mentioned prima facie pieces of evidence by the investigating officer.

"As to the quality of that evidence, that will be determined by the trial court, as that court will be empowered to evaluate the whole evidence before it," Mpimpilashe said.

She also raised concerns about Busakwe's use of cellphones and SIM cards.

Mpimpilashe said the state had evidence that he used two cellphones.

Though he did not deny using two SIM cards, he allegedly refused to provide his cellphone password and did not hand over the second cellphone.

She acknowledged that a person had the right to refuse to assist police with an investigation but said such conduct could also suggest that information was being concealed.

Busakwe denied having two devices, but Mpimpilashe said the second number he acknowledged as his was connected to another device.

The magistrate also questioned the circumstances surrounding the BMW's movement to Pretoria.

She said Busakwe had driven the vehicle there and parked it at a friend's home rather than in his own garage.

"He created an impression that his brother had means to buy a car as he owns taxis.

"But to have huge amounts of money in hard cash and for one to register his asset in the name of another person raises suspicion," she said.

"Even if [Ayabulela] is his brother, getting involved in activities of that nature are against [the] oath of his office."

She said such conduct could undermine public confidence in the police and the criminal justice system.

Another concern raised by Mpimpilashe was the discovery of 12 files from the Local Criminal Record Centre, dating from 2022, at Busakwe's home in Pretoria.

She said the investigating officer had indicated that a separate docket would be opened in connection with that matter, but the files were still evidence she had to consider in deciding the bail application.

Mpimpilashe said police officers were not permitted to keep official files, dockets or sensitive police documents at home without following the required procedures.

She warned that the unauthorised possession of such documents could lead to the disclosure of confidential information and interfere with investigations.

She also noted that removing files from official storage could disrupt the chain of custody of exhibits.

Though Busakwe might have retained files relating to cases he had handled while working at the Local Criminal Record Centre, Mpimpilashe said this did not remove the obligation to follow the correct procedures for safeguarding police records.

She said officers moving between units were required to hand over their files to their commanders. They could access them when they needed to do so for cases.

"The applicant did not even attempt to show this court that he was authorised [to] have those files in his house.

"The conduct of this nature when investigated could lead to defeating the ends of justice," she said.

Taken together, the magistrate said, the circumstances suggested how easily evidential material could be concealed or destroyed.

She acknowledged that Busakwe faced a disciplinary hearing but said the issue had to be considered for the purposes of the bail application.

Mpimpilashe said the offences Busakwe faced were serious and prevalent in SA.

She noted that, as a police officer, he was expected to prevent and investigate crime, while the charges against him involved allegations of kidnappings carried out with firearms and threats to assault or kill the victims if ransom demands were not met.

The magistrate acknowledged Busakwe's strong family ties in Gqeberha and said there was no evidence suggesting he had the means to travel outside SA, given that he did not have a passport or other travel documents.

However, she said the seriousness of the charges and the potential lengthy prison sentence he faced if convicted weighed against his release.

"Based on the strength of the state's case, the gravity of the offence as well as if convicted the applicant is facing lengthy sentences, coupled with his personal circumstances, there is a likelihood that if he is released on bail, he will endanger the safety of the public," she said.

Mpimpilashe also took into account public concern over the increase in kidnappings, extortion and robbery with aggravating circumstances.

Regarding Busakwe's claimed chronic illness, she said he had chosen not to provide further details of his medication, while acknowledging that a person's health was a private matter.

"He is not terminally ill and there is no evidence placed before this court that if bail is refused his health condition will adversely be affected," she said.

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