Court hears community fears in baby abduction case

The woman accused of kidnapping a nine-day-old baby appeared in the Mitchells Plain Magistrate’s Court this week, as the court grappled with balancing her rights as a mother against the safety of the child and the concerns of a fearful community.

Sameemah Jacobs, who faces charges of kidnapping and potentially defeating the ends of justice, was arrested two days after the disappearance of baby Mogamat Imaad Sharmar.

The baby was allegedly taken from his mother, Imaan Sharmar (also known as Britney Brandt), on 28 June at Middestad Mall in Bellville.

Sharmar had believed she was attending a support workshop for single mothers under the banner of the Zoey Project.

Jacobs was later found in possession of the baby, who was unharmed. She was arrested following tip-offs from the community.

During the bail application, Magistrate G Ndaleni raised the issue of whether keeping Jacobs in custody might infringe on the rights of her own child, referencing Section 28 of the Constitution, which protects the best interests of children.

“She is a first-time offender. Has it been proven that the accused would endanger the public?” the magistrate asked during proceedings.

However, Sergeant Dawid Fortuin of the Serious and Violent Crimes Kidnapping Unit testified that Jacobs’s actions were calculated and posed a risk to society.

“The victim is also a nine-day-old child. He has rights too,” Fortuin told the court.

He presented new evidence, including a petition compiled by Faith and Hope Missing Persons founder Veranique “Benji” Williams, which argued against Jacobs’s release.

Fortuin explained that the organisation had contacted him before the arrest, and that members of the community had expressed concerns about Jacobs’s presence in the neighbourhood.

“The organisation informed me that they would be drafting a petition against her release,” he said.

The petition, supported by a formal memorandum, called on the court to prioritise child safety and public trust in the justice system.

It referenced constitutional and legal duties to protect children from harm, and warned that bail could undermine community confidence.

Imaad’s mother, Imaan Sharmar, voiced her fears following the day’s testimony.

“Listening to what was all said, I am starting to realise that there is a very strong possibility that the court is leaning towards the accused’s side more,” she said.

“It’s making me feel very unsafe again because, honestly, she knows where I live. She knows where my daughter goes to crèche, so she could go with anyone to her school, because she disguised herself before, and say I sent her. Or she could come to my house as someone else. Her possible release is pushing up all these emotions. I don’t even feel like leaving my house when I have places to be.”

Jacobs’s Legal Aid lawyer, Asangezwa Mafuya, argued that his client was not a flight risk.

He said she owns a home and vehicle, and has a seven-year-old child who depends on her. He added that Jacobs had cooperated with the police and did not resist arrest.

But Fortuin disagreed, stating: “A house you can sell and flee with the vehicle. The fact that she went with us doesn’t mean she’ll come to court every time.”

He further alleged that Jacobs had used three different identities to mislead the victim.

“The complainant thought she was meeting someone else. The accused disguised herself and misled the victim,” he said.

Fortuin also linked Jacobs to another case involving a 15-year-old girl, still under investigation, in which the same phone number was used.

Mafuya questioned whether there was any evidence that Jacobs had poisoned the baby’s mother, which had been suggested informally.

Fortuin clarified: “We’ve never alleged poisoning.”

The defence proposed strict bail conditions, including house arrest and weekly reporting to police. Mafuya also submitted a counter-petition calling for Jacobs’s release, with 111 signatures from residents in Eerste River, Heideveld and Manenberg.

Fortuin downplayed the petition, stating that some of the pages lacked proper details and it represented a small portion of the community.

He warned that house arrest would be ineffective, pointing out that Jacobs wears a pardah and could not easily be identified if she left home without permission.

“She was desperate, and there’s no guarantee she won’t do it again,” Fortuin said.

He also testified that Jacobs falsely claimed the baby was hers, which may form part of potential obstruction of justice charges. He said she had told one witness that her husband made her confused, a statement he believed was meant to deflect responsibility.

Mafuya requested a postponement to finalise an affidavit in support of bail. However, Magistrate Ndaleni criticised the delay.

“You’re not ready with your affidavit – it doesn’t take long to produce one,” he remarked.

The matter was postponed to 23 July for the defence to complete the affidavit and for further bail arguments to be heard.

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