A Western Cape High Court indictment has been obtained, revealing the State's case against Ederees Smith and Nazmie Lekay, who are accused of murdering two sisters, Zainab Jacobs and Gouwah Smith Newman, in a shooting outside Portlands Primary School in Mitchells Plain on November 6, 2025. The indictment outlines a string of charges, including two counts of murder, two counts of attempted murder, and allegations that they acted with a common purpose.
According to the State's summary of substantial facts, the shooting was the result of an ongoing dispute over the care of Smith's minor children. The Mitchells Plain Children's Court had ordered that two of the children remain in the care of Jacobs on November 3, 2025. Three days later, Smith allegedly waited near Portlands Primary School and launched a targeted attack on a vehicle carrying Jacobs, Smith Newman, and children.
The indictment alleges that Smith approached the vehicle, demanded Jacobs' cellphone, and then opened fire. Jacobs, who had been wounded, allegedly fled from the vehicle but was pursued and shot several more times before collapsing. Smith Newman was allegedly shot at close range while still seated in the vehicle. Both women died in the incident.
In addition to the two women killed, a school pupil and an adult bystander were also shot during the incident. Their names are being withheld, with one of the victims being a minor. Police arrested Smith shortly after the shooting, while Lekay was alleged to have been the driver of a getaway vehicle.
Lekay was subsequently denied bail after the Mitchells Plain Magistrate's Court found that he had failed to establish exceptional circumstances for his release. Lekay has maintained that his presence near the shooting was coincidental. However, the High Court indictment alleges that Lekay drove Smith and children from the scene and later assisted in concealing a firearm and cellphone.
Smith is also accused of contravening the Children's Act by allegedly exposing children to physical, emotional, and psychological harm and failing to protect their wellbeing amid an ongoing family dispute. The State has identified 30 official and private witnesses who may be called during proceedings, including police investigators, forensic and ballistics experts, medical and pathology personnel, social services officials, and private witnesses connected to the events leading up to and following the shooting.
The matter has been transferred from the Mitchells Plain Magistrate's Court to the Western Cape High Court, with a pre-trial conference scheduled for November 13, 2026. The trial date is expected to be determined thereafter. The case will require the State to prove its allegations against Smith and Lekay.
Key points
- The State is preparing to call 30 witnesses in the High Court trial.
- The shooting was the result of an ongoing dispute over the care of Smith's minor children.
- Lekay was denied bail after the Mitchells Plain Magistrate's Court found that he had failed to establish exceptional circumstances for his release.
