Suspect in murder of prosecutor appears in court

Tuesday, August 26, 2025

The suspect arrested for the murder of Eastern Cape Regional Court prosecutor, Tracy Brown, appeared in the Gqeberha Magistrates’ Court on Monday.

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. -SAnews.gov.za