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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“This is indeed a tragedy where the protectors of our criminal justice system are not safe anymore. This is unacceptable and no stone should be left unturned to bring the culprits to book,” he said.

According to reports, Ms Brown was ambushed and shot multiple times by four armed assailants while sitting in her car, in full view of her partner and child. “The brutal nature of this assassination-style killing is deeply disturbing and represents a direct attack on the justice system and those who serve it with dedication and courage,” emphasised the Chairperson.

This incident follows the tragic murder of Ms Elona Sombulula, a court official at the Engcobo Magistrates Court, in April this year. The committee is gravely concerned by what appears to be a pattern of targeted violence against officials within the justice sector.

Mr Nqola stated: “The murder of Ms Brown is not only a devastating loss to her family and colleagues, but an attack on the rule of law in South Africa. Prosecutors serve at the forefront of our fight against crime and corruption. When they are targeted, it threatens the foundations of our constitutional democracy.

“The committee sends its heartfelt condolences to Ms Brown’s loved ones and colleagues during this painful time. The committee also calls on law enforcement agencies to prioritise the investigation and ensure that those responsible are swiftly apprehended and face the full might of the law.”

He said the portfolio committee will engage with the Department of Justice and the National Prosecuting Authority (NPA) on urgent measures to enhance the safety and security of prosecutors and court officials across the country.

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Across all briefings, a consistent message emerged: progress has been made, but systemic delays, institutional coordination challenges, and legal bottlenecks continue to hamper the timely resolution of corruption cases.

SIU Reports on Thousands of Referrals but Highlights Tracking Challenges

The SIU, mandated to investigate maladministration and corruption in state institutions, reported that it had referred 3,374 criminal matters to the NPA between April 2020 and May 2025. These referrals span local, provincial and national government departments, as well as numerous state-owned entities.

The unit emphasised that each referral represents a person or legal entity, not necessarily an individual case docket. This has led to difficulties reconciling figures with the NPA, which clusters individuals and entities into broader cases.

To address this, the SIU has developed a Case Monitoring Mechanism in collaboration with the Presidency and State Information Technology Agency (SITA). The new digital platform went live in April 2025 and aims to create a unified system for tracking referrals, standardising case references, and reporting progress across institutions. The pilot phase covers referrals to the North Gauteng office of the NPA and will be evaluated in July for national rollout.

The SIU confirmed that the offences under referral include corruption, fraud, money laundering, public finance violations, and misconduct related to procurement during the COVID-19 pandemic.

Hawks Outline Ongoing Investigations Involving Billions in State Funds

Major General M. Makinyane of the Hawks told SCOPA that his unit is managing 355 dockets arising from SIU referrals, representing investigations involving a wide array of departments and public entities.

Out of these:

• 72 cases have resulted in guilty verdicts
• 96 are before court
• 201 are under active investigation
• 58 await prosecutorial decision

The Hawks disclosed significant financial implications, with billions of rand potentially lost or misappropriated across key sectors. Notable figures include:

• Over R126 billion under investigation within the Department of Basic Education
• Nearly R738 million related to the Department of Water and Sanitation
• Around R437 billion involving municipalities

COVID-19 procurement fraud remains a substantial focus. Of 93 pandemic-related cases, 22 are before court with 73 accused (48 individuals and 25 corporate entities). Another 59 cases are still under investigation.

The National Lotteries Commission (NLC) is also under scrutiny. Eight SIU referrals have resulted in seven active dockets and one court case involving questionable funding to non-profit entities.

NPA Reports on Prosecutions, Challenges, and High-Profile Cases

The NPA, represented by its Specialised Commercial Crime Unit (SCCU), IDAC and the Asset Forfeiture Unit (AFU), outlined the prosecution pipeline stemming from SIU referrals.

Key Highlights:

• 81 convictions in COVID-19-related prosecutions, many processed through the Fusion Centre
• 26 dockets under active investigation involving the NLC
• Major corruption trials stemming from State Capture Commission recommendations, including Transnet, Bosasa, and Estina Dairy Project

Several high-profile individuals, such as former Transnet CEO Brian Molefe, former CFO Anoj Singh, and former MP Vincent Smith, are either on trial or facing future court dates. The NPA noted, however, that some trials have been delayed by complex pre-trial motions or Section 342A inquiries, risking further postponements or even permanent stays of prosecution if not resolved efficiently.

Asset Forfeiture: Billions Frozen or Recovered, but Legal Opposition Mounts

The Asset Forfeiture Unit presented an assertive recovery record, reporting:

• 86 confiscation or forfeiture orders, totalling R4.784 billion
• 124 preservation orders, worth R12.6 billion
• Total recoveries to date of R4.3 billion

These include:

• R2.55 billion recovered from ABB in connection with Eskom contracts
• R480 million from settlements in the Tegeta/Optimum Colliery saga
• R1.115 billion from the McKinsey consultancy settlement
• Various preservation and restraint orders against assets linked to PRASA, Ethekwini Municipality, Denel, and others

The AFU stressed that while asset recovery is accelerating, many cases are heavily contested in court. For example, multiple preservation orders related to Lottery funding have been subjected to prolonged legal opposition.

The AFU also recommended possible legislative reform to the SIU Act, which currently channels all referrals through the NPA rather than directly to investigating authorities, thus adding procedural delays.

Despite the complexity and obstacles involved, the coordinated presentations painted a picture of a criminal justice system that is attempting to recalibrate itself in response to the sprawling legacy of State Capture. SCOPA was urged to continue its oversight, particularly regarding the Case Monitoring Mechanism and broader institutional coordination.

All agencies agreed on the need for sustained collaboration, policy reform, and adequate resourcing to maintain momentum in the fight against corruption. With several high-profile cases moving to trial in late 2025 and early 2026, South Africa’s legal and accountability frameworks are entering a decisive phase in their response to past public sector malfeasance.

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The DA’s Glynnis Breytenbach has published proposals including both legislative and constitutional reforms, as well as new oversight mechanisms intended to reduce political interference and improve the prosecution of complex corruption cases. At the centre of the plan is the introduction of a new bill to establish an independent Anti-Corruption Commission, informally referred to as “Scorpions 2.0”, which would have the power to investigate and prosecute high-level corruption without influence from the executive.

“The justice system is not working for South Africans,” said Breytenbach in a statement. “The NPA’s consistent failure to deliver convictions in key corruption cases has eroded public confidence. We need real, systemic change.”

Key Elements of the Reform Package

The proposed measures include:

• Passing the “Scorpions 2.0” Bill: To create a constitutionally independent Anti-Corruption Commission with full investigatory and prosecutorial powers.

• Amending the Constitution: To transfer the power of appointing the National Director of Public Prosecutions from the President to Parliament, via a transparent and merit-based selection process.

• Implementing a “watching brief” system: To monitor high-profile cases, a model already used in the Western Cape to improve prosecution outcomes.

• Establishing a dedicated parliamentary subcommittee: Focused exclusively on overseeing the NPA’s performance.

• Calling for a performance audit of the NPA: To be conducted by the Auditor-General or the Public Service Commission.

• Improving recruitment, retention, and funding: With a particular focus on experienced prosecutors.

• Launching a student legal support pilot: Designed to relieve administrative burdens in the courts and accelerate the entry of young legal professionals into the justice system.

Citing Failures in Prosecution

The announcement follows a number of high-profile legal setbacks that have raised concerns about the NPA’s effectiveness. These include:

• The collapse of the Vrede Dairy project case and charges involving Zizi Kodwa, both of which failed to result in convictions.

• The bungling of the extradition request for Moroadi Cholota, a key figure in a state capture case involving former Free State Premier Ace Magashule, due to the use of the incorrect legal authority.

• The Timothy Omotoso trial, which was flagged in Parliament earlier this year as having suffered from numerous procedural errors that led to an acquittal.

In addition, Breytenbach pointed to the growing number of prosecutions being pursued by private organisations such as AfriForum, which it says reflects the NPA’s inability to fulfil its constitutional mandate.

“The fact that private institutions are increasingly stepping in to prosecute cases speaks volumes,” the statement read. “The public is left footing the bill for a prosecuting authority that no longer delivers justice.”

A Challenge to Parliament

The DA has called on MPs from all parties to back the reforms, warning that failure to act will entrench a culture of impunity.

“This is about more than institutional tinkering. These are practical, impactful reforms that will help restore public trust, hold the corrupt accountable, and strengthen the rule of law,” the party said. “Parliament must now decide whether it will support meaningful change or protect the status quo.”

Breytenbach maintains that the current state of the NPA is unsustainable and that urgent action is needed to prevent further collapse in the justice system. “The time to fix the NPA is now.”

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In papers filed at the Gauteng High Court in Pretoria on 9 May, Open Secrets singled out PRASA contracts with Siyangena Technologies and with Swifambo Rail Leasing, involving billions of rands. Complaints against these companies were first filed in 2015.

Open Secrets asks the Court to direct the police’s Directorate for Priority Crime Investigations (the Hawks) to complete their investigations into PRASA, and to direct the NPA to either prosecute the cases or not.

In the founding affidavit, Open Secrets director Hennie van Vuuren says: “The Supreme Court of Appeal (SCA) reviewed the decisions to award these contracts to Siyangena and Swifambo, respectively, and set aside both contracts as irregular, tainted by corruption.”

Van Vuuren says it has been more than nine years since criminal complaints related to these contracts were filed, yet no one has been held accountable, contrary to the recommendations of the Zondo Commission.

He says the NPA claims it is waiting for the Hawks’ investigations, while the Hawks say they need guidance from the NPA. “This buck-passing has birthed an apparent paralysis that flouts the rule of law,” he argues.

In the Zondo Commission’s final report on PRASA, released in 2022, Chief Justice Raymond Zondo stated: “It is quite worrying that many years after complaints were laid with the Hawks, nobody has been charged.”

Zondo said he believed there was more to be uncovered at PRASA and recommended a special commission of inquiry to examine why PRASA was “allowed to slide into almost total ruin”, who benefitted from this, and who should be held responsible.

One of the people alleged to have benefitted was Lucky Montana, PRASA Group CEO from 2010 to 2015.

Van Vuuren points out that both Montana and former PRASA board chair Sfiso Buthelezi, who was also fingered in the Zondo Commission, represent the Mkhonto weSizwe (MK) party as Members of Parliament.

GroundUp has reported that MK MPs have pushed back against investigations into PRASA.

The respondents — the Hawks, the NPA, and PRASA — have been given 15 days to file opposing papers.

Open Secrets, represented by law firm Power and Associates, wants the costs of the application to be borne by the Hawks and the NPA.

This article was republished, with permission, from GroundUp, the original article can be found here.

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This follows the arrest of 224 suspects for rape, and five suspects for attempted rape between 5 and 11 May 2025.

Briefing the media on the outcomes of the Cabinet meeting held on Wednesday, Minister in The Presidency, Khumbudzo Ntshavheni, highlighted that amongst those arrested on allegations of rape, included a SAPS trainer, a traditional leader (Inkosi) from KwaZulu-Natal, and a 15-year-old boy in Mpumalanga.

“Additionally, 148 suspects were arrested for attempted murder, 256 suspects were arrested for dealing in drugs, 2 841 suspects were arrested for being in possession of drugs and 86 hijacked and stolen vehicles were recovered. Furthermore, 74 explosives mostly used in illegal mining and cash in transit robberies were seized by North West police,” Ntshavheni said.

Ntshavheni also noted that the SAPS operations to remove illegal firearms to ensure safer communities, has been intensified throughout the country, with over 100 firearms seized in the past week alone.

Inquiry into TRC cases welcomed

Cabinet has also commended the establishment of a Judicial Commission of Inquiry to establish whether attempts were made to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority (NPA).

The establishment of the Commission of Inquiry follows a legal settlement reached in a court application brought by families of victims of apartheid-era crimes.

“Through this Commission, President Cyril Ramaphosa is determined that the true facts be established and the matter brought to finality,” Ntshavheni said.

The South African Truth and Reconciliation Commission, established under the Promotion of National Unity and Reconciliation Act (Act No. 34 of 1995), was set up by the Government of National Unity to help deal with what happened under apartheid.

The conflict during this period resulted in violence and human rights abuses from all sides, and no section of society escaped these abuses.

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The Extortion Action Plan is designed to provide a comprehensive, multi-disciplinary framework for dealing with extortion-related criminal activity. It includes the deployment of provincial teams equipped with visible policing, investigative, intelligence, and communication functions. These teams operate within five strategic pillars: intelligence gathering and analysis; proactive policing through visibility and crime prevention; direct law enforcement operations; post-crime investigations; and public communication, including awareness and reporting initiatives.

In support of public reporting, SAPS has launched a National Extortion Hotline, with additional provincial hotlines operating in the Eastern Cape and Western Cape. These are intended to allow victims and witnesses to report incidents anonymously and without fear of retaliation.

Particular attention has been given to the issue of extortion at construction sites, which SAPS notes has significant economic implications. Investigations in this area are handled by the Organised Crime Investigation units within provincial Detective Services. To enhance the effectiveness of these efforts, SAPS works closely with the National Prosecuting Authority (NPA), which assigns dedicated prosecutors to oversee extortion cases. The NPA also offers witness protection measures to safeguard those who come forward with information.

Alongside its internal efforts, SAPS is engaged in several public-private partnerships aimed at bolstering its ability to respond to extortion. These collaborations include partnerships with state-owned entities such as Eskom, Telkom, Transnet, and Gautrain, as well as with other government departments and private sector organisations including Business Against Crime South Africa (BACSA) and the South African Revenue Protection Association (SARPA).

A formal Memorandum of Understanding has been signed between SAPS and BACSA. This agreement enables the police to draw on the private sector’s expertise, technologies, and information-sharing networks to enhance crime prevention and enforcement efforts. In addition, SAPS has implemented the “Eyes and Ears” programme, a joint initiative with the Private Security Industry. This programme involves regular coordination meetings in Provincial Command Centres to share intelligence and improve situational awareness.

Transparency and oversight are key components of the strategy. The National Priority Committee on Extortion, which oversees all these initiatives, is responsible for ensuring that all stakeholders are aligned in their objectives and that information is shared openly among partners. This committee is also tasked with monitoring the effectiveness of current strategies and refining operational plans as necessary.

The SAPS leadership maintains that these measures are part of an evolving strategy to not only reduce extortion-related crime but also restore public confidence in law enforcement. Continued collaboration with public and private sector partners, combined with an emphasis on intelligence and community engagement, forms the backbone of the current approach to what has become a persistent and deeply rooted issue in many parts of the country.

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The Deputy Minister delivered remarks at the graduation ceremony of the 300 budding prosecutors, some of whom will now join the NPA following their graduation.

“As prosecutors, you are legal professionals. However, you are also much more. You are our modern-day Consuls, defenders of our Republic, guardians of justice and the rule of law, lawyers of the people. You ensure that justice is not only done – but seen to be done – and felt to be done by people in their daily lives.

“However, justice is not only served by convictions but through due process and the rule of law, through people having an opportunity to defend themselves – and to be represented in court. Prosecutors are not persecutors. They must be amongst the foremost defenders of the Constitution and the rule of law, by discharging their duties without fear, favour or prejudice,” Nel said.

The programme is run for a year, following which, competent candidates are appointed as entry-level prosecutors providing support for the NPA in South Africa’s lower courts.

Nel told the aspiring defenders of the Constitution that while discharging their duties to the fullest, it is important to remember that “people are not dockets”.

“[You] as lawyers for the people must ensure that the rights of victims of crime are respected and upheld, that victims and their families, especially the vulnerable, are treated with respect and dignity by the criminal justice system.

“Our criminal justice system must never be a source of secondary victimisation. This places an enormous responsibility on you. Remember that people are not dockets, and dockets are not people,” he said.

The Deputy Minister encouraged the young lawyers to conduct themselves ethically as society has placed on them a responsibility to seek “justice and redress for wrongs committed against them, and the society that they form part of”.

“If citizens lose confidence in the power, the capacity, and the will of the State to discharge this duty, they will take justice into their own hands. In time this will result in the replacement of the rule of law by the rule of might – the law of an eye for an eye, the war of all against all.

“For this reason, you must conduct yourselves in the most exemplary manner possible. You must always uphold the highest ethical standards, both in your professional and your personal lives,” Nel said.

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NPA Mpumalanga Regional spokesperson Monica Nyuswa said the money is allegedly linked to intentions to commit or proceeds from “massive alleged illegal coal mining” in the province’s Carolina area.

“On 2 December 2024 the SA-FIC, in collaboration with their Nam-FIC counterparts, obtained a Namibian FIC temporary freeze upon the funds of Jacobus Hosea Jordaan and his wife Elza Jordaan… to the value of R50 205 872.

“On 30 December 2024 the Nam PG’s office managed to obtain a Preservation of Property order in the Namibian High Court, Windhoek in respect of the abovementioned R50 205 872 on the basis that the money… represents the proceeds of, and/or was used as instrumentalities, to commit the abovementioned massive alleged illegal coal mining and other offences, including money laundering in the Carolina area,” she said.

Nyuswa added that last week, a second preservation of property order was granted to the value of R2 285 500 in the Namibian High Court “in respect of two further Namibian bank accounts in the name of Reinet Binneman,” the sister of Elza Jordaan.

“Jacobus Jordaan and his wife Elza Jordaan are among the main accused in the Carolina illegal coal mining case that was transferred to the Mbombela High Court on 6 December 2024 to November 2025 for trial.

“The illegal financial benefit obtained by the accused from the illegal coal mining and other offences in Mpumalanga allegedly amounts to at least R2 billion,” Nyuswa explained.

She described cooperation between the two countries’ law enforcement officials as “remarkable”.

“There was remarkable cooperation and hard work during the December festive season between the abovementioned Namibian and the South African law enforcement agencies to obtain the abovementioned Namibian High Court seizure orders.

“Both Namibia and South Africa were grey listed a few years ago by the Financial Action Task Force (FATF) for, amongst others, failing to sufficiently combat money laundering. The abovementioned two Namibian seizure orders will assist enormously in getting both countries off the FATF grey list,” she said.

The dedication, enthusiasm and commitment of the abovementioned law enforcement agencies also make a huge difference in combating transnational crime in the two countries.

Digging in

Nyuswa said that as early as November 2023, police and law enforcement had already pounced on alleged illegal mining activities in the Carolina – leading to arrests and seizures of property.

“On 15 November 2023 the NPA AFU in Mpumalanga, in collaboration with a special illegal mining unit in the [SAPS], obtained provisional preservation of property order in the Mbombela High Court upon, amongst others, a farm in the Carolina district, stockpiles/heaps of coal in two separate areas, heavy duty mining machinery, equipment and motor vehicles as well as the washing plant machinery and all movable buildings, machines, equipment and motor vehicles used at Droog Valley farm Barrel Coal Processing and Washing Plant near Carolina, Mpumalanga area.

“The assets were seized on the basis that it was, on reasonable grounds, believed to be, used as instrumentalities to commit various illegal large-scale coal mining and environmental offences at the farm in the Carolina area, and/or that the assets are reasonable grounds to believe the proceeds of unlawful activities, and/or represents the proceeds of unlawful activities, namely the large-scale illegal coal mining and environmental offences.

“It was the largest seizure of its kind ever in South Africa,” Nyuswa said.

A further provisional restraint of property order was granted to law enforcement against assets to the value of some R1 billion.

“Jacobus and his wife, Elza Jordaan, and 15 other persons and companies are currently standing trial in the Mbombela High Court for multiple offences, Including illegal coal mining, environmental offences, theft, corruption, money laundering etc.

“Their criminal trial was postponed to the Middelburg High Court for trial from 3 to 28 November 2025,” she added.

The spokesperson said the prosecutorial body remains committed to supporting the work of law enforcement agencies in rooting out criminality.

“Illegal mining activities, coupled with money laundering, in South Africa, are a huge concern for the government, as also pronounced by the State President who last year deployed the South African Defence Force to assist the SAPS in eradicating the illegal mining activities and syndicates.

“Illegal mining amounts to the plundering of the most valuable natural resources of South Africa to the detriment of the fiscus and the broader public. It also destroys the beautiful South African natural environment and bona fide farming activities.

“The NPA is committed to assisting the SAPS, the South African government, and governments of foreign jurisdictions to eradicate this scourge of illegal mining and money laundering activities,” Nyuswa concluded

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Successful prosecutions are nowhere near the number of investigations, Democratic Alliance (DA) National Assembly (NA) Member of Parliament (MP) Damien Klopper found by way of November questions asked of Police Minister Senzo Mchunu and his Cabinet colleague responsible for the Justice and Constitutional Development portfolio (at that time Thembi Simelane).

Mchunu told Klopper 2 679 cybercrime cases were reported and opened in the 2022/23 and 2023/24 financial terms. 2 652 cases were investigated in this time, but only 33 referrals were made to the National Prosecuting Authority (NPA) in 2022/23 and a total of 50 cybercrime cases were referred to the NPA in the 2023/24 financial year.

Four days after Simelane’s reply to Klopper was made public by the Parliamentary Monitoring Group (PMG) she was moved to the Human Settlements portfolio in a mini-Cabinet reshuffle. President Cyril Ramaphosa shifted Mmamoloko Kubayi from Human Settlements to Justice and Constitutional Development on 3 December. Klopper’s question, as per the Parliamentary Monitoring Group (PMG) was responded to on 29 November when Simelane was still responsible for the Justice and Constitutional Development portfolio.

Klopper’s follow-up question to Justice and Constitutional Development brought to light the NPA “only recorded the numbers of convictions manually and did not keep record of the specific crimes in each of these cases, for both the 2022/23 and 2023/24 financial years. The details of these cases are thus not readily available”.

There was, however, some information for the Mpumalanga public representative thanks to the NPA’s electronic case management system (ECMS).

What it did provide was offences recorded for the two financial terms. They are possession of child pornography (five); cyber uttering (two); “disclosure of message of intimate nature” (four); obstructing a search warrant authorised police officer/investigator (two); giving false information under oath (one); inciting damage to property or violence with a data message (one); an unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device, (one).

The NPA had, at the time of answering, 37 cases involving cybercrime on court rolls nationally in respect of 88 charges under the Cyber Crimes Act of 2020.

Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device tops the list with 36 charges, followed by cyber fraud (24).

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