Cape Town – The Mitchells Plain Magistrate's Court has ruled against granting bail to Nazmie Lekay, the second accused in the harrowing case of the Smith sisters' murder. The magistrate determined that Lekay, 33, failed to present the "compelling or exceptional circumstances" required to justify his release, given the gravity of the charges against him.
The ruling, delivered this week, follows the deadly shooting that occurred on 6 November 2025, in Portlands, Mitchells Plain. Zainap Smith Jacobs and Gouwah Smith Newman were fatally shot while waiting outside a school for their children to be dismissed. Tragically, an innocent adult bystander and a scholar were also injured in the hail of bullets.
Before Lekay's bail application proceedings could resume, the court sought clarity from Ederies Smith, the man accused of pulling the trigger on his own sisters, regarding his legal representation. Smith informed the court that he had consulted with a lawyer and intended to be represented by Raymond Davies, a well-known criminal attorney. However, Davies was not present in court, leading the magistrate to grant Smith time to secure representation and ordering him to return to court on 17 December with his lawyer present.
During the bail hearing, the court was presented with evidence implicating Lekay in the crime. The State argued that a witness had allegedly seen the accused enter Lekay's vehicle. Furthermore, a separate witness claimed to have witnessed Lekay dropping Smith off at his residence and observed him attempting to dispose of a firearm. The State contended that, if released on bail, Lekay would likely tamper with or destroy evidence, thus jeopardising the investigation and potential prosecution.
In his defence, Lekay claimed that he was merely in the vicinity of the shooting by coincidence. He testified that he was making a U-turn near the Hazeldene robots (traffic lights) when he heard the initial gunshots. Upon hearing further shots, he claimed to have noticed vehicles driving erratically. Lekay stated that while attempting to manoeuvre through the chaotic traffic, he saw Smith running towards his vehicle in the rear-view mirror, carrying a child, and that Smith told him he was "being shot at." Lekay maintained that his presence at the scene was purely coincidental.
However, the magistrate rejected Lekay's version of events, stating that his behaviour did not align with a coincidental presence. The magistrate questioned why Lekay would pull over while shots were being fired and raised doubts about how Smith could identify Lekay through tinted windows if he supposedly did not know the car.
The court also found it concerning that Lekay allegedly did not question Smith as to why he was being shot at, a factor that further undermined Lekay's claim of innocent bystander status.
In delivering his ruling, the magistrate stated, "I should consider all the relevant factors," adding that while freedom is a precious gift, the interests of justice must take precedence. The magistrate, whose name cannot be mentioned to protect their safety, emphasised the seriousness of the allegations against Lekay and the potential risk he posed to the investigation if released.
The court acknowledged Lekay's personal circumstances, including the fact that he is married with three minor children and is the primary breadwinner for his family. However, the magistrate determined that these personal circumstances, while significant, could not outweigh the severity of the charges and the potential for Lekay to obstruct justice.
The magistrate said the court considered witness statements and a prima facie case indicating Lekay was an associate accomplice to the accused, while emphasising that the evidence would still be tested during trial.
“Therefore, in the interests of justice, it is better suited that he be incarcerated. Bail denied,” the magistrate concluded.
The case has been postponed to 17 December, when Ederies Smith is expected to appear in court with his legal representation, Raymond Davies. The investigation into the Smith sisters' murder remains ongoing, and the police are continuing to gather evidence to ensure that justice is served for the victims and their families. The denial of bail for Nazmie Lekay marks a significant step in the legal proceedings, underscoring the court's commitment to upholding the rule of law and protecting the interests of the community.
Amidst the legal proceedings, the husband of Zainap Jacobs, one of the murdered sisters, has spoken out for the first time since her tragic death. In an exclusive interview, Jacobs, whose first name has been omitted for privacy reasons, described the past week as "unbearable."
Zainap and her sister, Gouwah Smith-Newman, were allegedly shot and killed by their brother, Ederees Smith, following a domestic dispute reportedly over his children. Smith was subsequently arrested and remains in custody.
Jacobs expressed his concern for his children, stating, "Their lives changed drastically over the past week… The older one understands, and with people talking, it also takes a toll on him. I am going through the most too." His priority is to "protect their well-being and get them back into society again, allow them to adapt, give them the space. I don’t want to fight."
He also addressed the community, urging them to understand that "there are legal and religious processes" that must be followed. "The people have done enough damage. Now the judges, lawyers and social workers must have the final say."
The situation is further complicated by the custody of Smith's children, who were living with Zainap and Jacobs. "If they decide the boys have to go back, then I will not fight, as much as it will hurt me, because I formed a bond, especially with the younger one who lived with us for three years," Jacobs explained. He added, "In fact, we had a meeting in the week to speak about returning the kids, but by law I am not allowed to. By Islamic beliefs the children should be with their mother (Wadee-ah), and I respect that. But there is an ongoing court case, and I also have to respect that."
Jacobs also addressed rumours circulating on social media accusing him of paying lawyers and social workers R100,000 to remove the children from their parents, stating he was unhappy with how he was being portrayed. "I have no hate towards Wadee-ah," he asserted. "My father-in-law asked to speak to him, they spoke, and later they visited the kids. I apologised to my father-in-law because I don’t want bad blood."
Zainab’s father, Mogamat Nadeem Smith, echoed those sentiments, stating he "harboured no resentment" towards Jacobs. "I also know it must have taken a lot for him to say sorry, So we leave it in Allah's hands," he said.
Jacobs emphasised his late wife's love for the children. "The kids came to us for help. Look where it got us, to a murder case. It shows what we fought for. My wife and I loved those kids, with all of us."
The family was expected to appear in the Mitchells Plain Magistrates’ Children’s Court yesterday, but the matter was postponed. The court previously ordered that the children remain in Zainab’s custody until January 2026.
Outside the court, Wadee-ah, the mother of the children, stated, "I just want my children back. I am hurt about my sisters-in-law and yes, my husband is in jail and he is gonna serve his time."
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