Magistrate in custody battle of 'sisters-killer' placed in security protection

THE magistrate presiding over the custody battle involving a Mitchells Plain family has been placed under protection after the brother- arrested for murdering his two sisters, one of whom had custody of his children - allegedly tried to gain access to the magistrate's house. 

A highly placed source closed to the investigation said Ederees Smith was stopped at the entrance to the magistrate's house by security. Days later he would go to his children's school in Portlands, Mitchells Plain, where his two sisters were waiting for his two boys after they were given custody. Here he allegedly shot dead his one sister that was waiting in her car, before he pursued his other sister and also shot her dead. A child who was waiting nearby was also injured.

The two sisters, Zainab Jacobs and Gouwah Smith-Newman died at the scene outside Portland Primary School.

The incident, which is being treated as a case of domestic violence and femicide, has sparked national outrage and highlighted the issue of gender-based violence (GBVF) in South Africa.

The source revealed that Smith, just days before his sisters’ deaths, attempted to gain access to the magistrate’s residence but was stopped by security personnel. The magistrate has since been relocated to another province under police protection.

“This is concerning, especially since South Africa is already battling the scourge of gender-based violence,” said Nicholas Gotsell MP and DA National Council of Provinces Member on Security and Justice, who said he was made aware of the incident earlier in the week.

Gotsell said the DA has written to the Chairperson of the Select Committee on Security and Justice to request an urgent meeting to discuss the safety of judicial officers and prosecutors following this incident and the NDPP’s revelations in the Ad Hoc Committee this week.

“It is concerning that a magistrate’s home address was ostensibly easy to obtain. The security of magistrates and judges is essential to maintaining the rule of law, the independence of the judiciary, and public confidence in the justice system,” Gotsell said.

“This incident is a chilling reminder of the severe gender-based violence crisis we are facing. When a female magistrate is harassed simply for carrying out her judicial duties, and when women who step in to protect vulnerable children lose their lives, it shows the depth of the problem we must confront,” he added.

Gotsell said this was also a call to action: “Protecting those who enforce the law and those who care for the vulnerable is vital to ending the cycle of violence. This is yet another reason to urgently consider devolving policing powers.

“Capable local governments, like the City of Cape Town Metro, should have the ability to assist more directly in investigating these matters and ensuring justice and safety at the community level.”

Neelan Karikan, President of the Judicial Officers Association of South Africa (JOASA), also expressed deep concern over the safety of magistrates both inside and outside their working environments.

“Inside the working space, safety should be the number one priority and that falls squarely in the hands of the Department of Justice,” Karikan said.

“The public should not have access to Lower Court Judges when they leave or enter their work space. No persons should have access to their chambers except with the consent of such judicial officer. Clerks and other stakeholders should be trained in that regard.”

He added that outside the workplace, risk assessments should be carried out by the Department of Justice, and resources should be made available for safety upgrades.

“Any safety concern should be reported and treated with the utmost urgency,” he said.

Karikan warned of wider consequences if protections are not improved. “The safety of the Lower Court Judges is paramount. They are the coal face of the justice system. They determine bail, run the criminal trial and decide on how the system must operate. 

“We exercise oversight on every aspect, but we are undermined on all aspects, no security, no control of our environment. We are looking after society but no one is looking after us.

“Enough is enough. We will bring the system to a halt if we must,” he said.

In a message to authorities and magistrates, Karikan added: “Authorities should act vigorously in cases where the provisions of section 165 of the Constitution are being breached. 

“Lower Court Judges should never be blinded by the dust in the arena; they should maintain their focus, act within the scope of their legal framework, and exercise their duties without favour, fear or prejudice.

"We encourage members and non-members to report any safety concerns to us and their immediate management immediately. We also encourage management to render assistance and to escalate such reports with confidentiality and care.”

Police spokesperson Captain FC Van Wyk explained: “This office can confirm that the accused was arrested at his residence, in Portland, Mitchells Plain.

“There are no witnesses who can confirm that he was at the magistrate's residential address. The matter is still under investigation and all information received are being followed up.”

 Van Wyk said the NPA will formulate the charges based on available evidence.

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Weekend Argus