Brother in dock after sisters gunned down outside school

The man accused of murdering his two sisters and wounding a 12-year-old boy outside of Portland Primary School, has made an appearance at the Mitchells Plain Magistrates' Court together with his alleged accomplice, believed to be his "getaway driver."

Murder-accused Ederies Smith, 32, and Nazmie Lekay, 33, made their first court appearance, facing Schedule 6 offences including two counts of murder, attempted murder and elements of domestic violence.

Their appearance comes after Smith’s sisters Gouwah Smith-Newman and Zainab Jacobs were gunned down on 6 November, outside the school in Mitchells Plain.

The court heard that the State intends on opposing their bail after the case was postponed to 17 November.

It followed a dramatic twist, after the magistrate recused herself from hearing the bail application stating concerns that she had prior knowledge of elements expected to be raised in the State’s opposition.

The mood in the court was tense and emotional as family members and friends of each sibling were present.

The State alleges that Smith and Lekay committed murder by a way of common purpose.

The States case is as follows: Smith was seen after he allegedly opened fire at both sisters. He first fired shots at Jacobs while she was inside a white Range Rover at the time.

Jacobs then ran out of the vehicle, but Smith gave chase and continued to fire shots at her.

Meanwhile, Smith-Newman was still in the vehicle at the time of the first shooting and Smith went back to the vehicle and fired shots at her.

Lekay was allegedly placed as the driver of a “getaway car” and it is alleged that he concealed the firearm that was used in the incident. 

Both legal representatives objected to the Cape Argus' sister publication, the Daily Voice’s application for photos to be taken of the accused due to several posts on social media about the case and the sensitivity of the case and the safety of their families.

She, however, said that the pictures of the accused could only be published after they have pleaded.

The magistrate noted that there were people outside of the courtroom who showed an interest in the case and that the murders were done in public.

She said: “There is nothing there to hide because the accused themselves did not hide anything. They went there and brutally killed the sisters, I don’t know why. 

“As much as the accused has rights, the public also has the right to access justice and they have a right to access our courts as well.

“If the accused is to be released on bail, they cannot go out there faceless. People need to know who they must look out for. He placed himself out there in front of everybody else who was a witness, their faces were out there they were not covered while killing the sisters and putting the other children's lives in danger.

“They were out there in public and I don’t see why the court should deny the public access to justice. I also take that this is domestic violence related and we all know that it is a serious matter and this is a serious case that is brought before this court.

“I am of the view that this case is indeed of public interest and therefore the application by Cape Argus sister publication, the Daily Voice will be granted, but no pictures of the accused are to be published until the accused have pleaded.”

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