'She is starting to make me feel unsafe again': Victim voices fears as bail is considered for accused baby snatcher

The woman accused of kidnapping 9-day-old baby Mogamat Imaad Sharmar is not a flight risk and should be granted bail with house arrest and weekly reporting to police.

This was the argument of kidnap-accused Sameemah Jacobs’s Legal Aid lawyer, Asangezwa Mafuya, as the 37-year-old appeared in the Bellville Magistrate's Court on Thursday for the continuation of her bail application. 

Jacobs faces charges of kidnapping and defeating the ends of justice following her arrest just two days after the disappearance of baby Imaad.

The baby was allegedly taken from his mother, Imaan Sharmar (also known as Britney Brandt), on June28 at Middestad Mall in Bellville.

During the bail application on Thursday, 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.

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.

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

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.”

Mafuya argued that his client was not a flight risk, adding that she owns a home and vehicle.

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

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

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 July 23 for the defence to complete the affidavit and for further bail arguments to be heard.

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