Brown, who was attached to the New Brighton Magistrates Court, was shot and killed while arriving at her home just months after the murder of another prosecutor in the province.

According to National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, 33-year-old Simthembele Xungu now faces charges of murder, conspiracy to commit murder, and unlawful possession of firearms and ammunition related to the murder.

“The case has been postponed to 03 September 2025 for a formal bail application, which will be vigorously opposed by the state. Xungu will be remanded in custody until the next court appearance,” Tyali said.

The prosecutor was gunned down in front of her partner late last month – triggering an investigation by the Directorate for Priority Crime Investigation (the Hawks).

“Xungu was positively identified as a suspect. It was further established that he fled to Johannesburg shortly after the murder in an attempt to evade justice.

“On 21 August 2025, while investigators were pursuing leads in Johannesburg, critical information was received that the suspect was travelling back to Gqeberha. Acting swiftly, the team set up a coordinated roadblock that resulted in the suspect being arrested,” the spokesperson explained.

Furthermore, the NPA condemned attacks on prosecutors.

“The safety and protection of prosecutors is of paramount importance to the NPA, and we are committed to ensuring their safety. The NPA commends the work of the investigators and prosecutors. The team will ensure that no stone is left unturned to ensure that the co-conspirators, in particular the ones who ordered the killing of Tracy Brown face justice.

“The NPA strongly condemns the killing of prosecutors and reaffirms its commitment to ensuring that justice is served. The murder of prosecutors is an attack on the rule of law and the democratic principles that underpin our country,” Tyali said.

Speaking at the prosecutor’s memorial service earlier this month, Justice and Constitutional Development Minister, Mmamoloko Kubayi said there is a need to strengthen the protection of prosecutors.

“But more importantly, let this be a wake-up call to the policing services that we need to strengthen the protection of the prosecutors.

“All of us in the security cluster should be concerned about this development. The lives of prosecutors are endangered by the type of work they do. Without protection, prosecutors will be unable to perform their duties without fear or favour, and they will not be able to exercise their independence,” said the Minister.

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Onogu Nwaemeka,  Kelecho Oken, Ebot Kennedy,  Chijioke Steven, Charles Aknaji, Umemba Sophuru, Amajoyi Tochukwu, and Charles Okerie Onyedikashi appeared in the Kimberley Magistrate’s Court and were charged with malicious injury to property, interference with the law, assault, as well as public violence.

National Prosecuting Authority spokesperson Mojalefa Senokoatsane said the men were arrested after they allegedly attacked the Kimberley Police Station as well as the members of the South African Police Service.

 “It is alleged that on the day of the incident, the police had arrested their countryman and they demanded that he not be apprehended by the police. Mayhem broke out as the police tried to contain the situation and the accused started to attack the police as well as damage the state’s property.”

“Specialised tactical police reinforcements were called and the eight accused were arrested.”

The matter was postponed to 18 July.

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The Independent Police Investigative Directorate (IPID) arrested the 50-year-old training instructor for the incident, which allegedly occurred on 31 March.

“The instructor called the trainee into his office at the Phillipi Police Training Academy and allegedly raped her,” said spokesperson Phaladi Shuping.

The case was postponed to 26 June for further investigation.

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The Pretoria Specialised Commercial Crime Court postponed the case on Tuesday for disclosure and for it be transferred to the Pretoria Regional Court.

The state was ordered to disclose an outstanding document to one of the defence attorneys by 17 May.

Phahlane, Lieutenant-Colonel Godfrey Mahwayi,  Major-General Maanda Obert Nemutandzhela, Major-General Mankosana Agnes Makhele and businessmen Inbanathan Kistiah and Avendra Naidoo are facing charges of fraud, corruption, theft and contravention of the Public Finance Management Act (PFMA) relating to two contracts valued at approximately R54 million.

Investigating Directorate spokesperson Henry Mamothame said the court appearance emanated from incidents in October 2015, when university students embarked on the #FeesMustFall protests, with police dispatched to stabilise the violent unrest.

“It is alleged that on 21 December 2016, the South African Police Service (SAPS) Crime Intelligence Division embarked on an emergency procurement of software tools or systems. One of the software, RIPJAR, was intended to collect and monitor information from social media platforms on the instigators of the student protests.”

“It however emerged that these “emergency” response measures came about in December 2016 when the protest had started in October 2015. Furthermore, they allegedly attempted to purchase RIPJAR software from a company that was not involved in software engineering, but was a security alarms and surveillance cameras company.”

“It further emerged that the owners of the competing companies were friends, who in fact and in truth were involved in cover quoting. The cover quoting was supplied to Inbanathan Kistiah by the former husband of the sole director of a company called Perfect Source, which was a human resource recruitment company,” he said.

Mamothame said another mobile communication encryption software known as Daedalus, which was solely used for encrypting calls and wiping out cellphone records and messages, was procured through deviation from standard procurement processes, with the contract signed on the same day and payment made on December 22, a day after approval.

“The software was also used to encrypt voice calls made by SAPS management at the time when Phahlane was under investigation by IPID for the “Blue Lights” police tender and other irregular procurement at the time he was acting police commissioner,” he said.

All accused are out on bail.

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