ABOVE THE LAW

THE magistrate presiding over the custody battle involving a Mitchells Plain family has been placed under protection. 

This after it came to light that the brother who was 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. 

There he allegedly shot and killed his sisters Zainab Jacobs and Gouwah Smith-Newman and injured a nearby child.

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.

Nicholas Gotsell, MP and DA National Council of Provinces Member on Security and Justice said he was made aware of the incident earlier in the week.

He said: “This is concerning, especially since South Africa is already battling the scourge of gender-based violence.

“It is concerning that a magistrate’s home address was 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.”

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.

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

“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 and resources should be made available for safety upgrades and warned of wider consequences if protections are not improved. 

Karikan said: “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 are looking after society but no one is looking after us.”

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

He added: “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.