Accused baby kidnapper's actions 'calculated', says officer

Sergeant Dawid Fortuin of the Serious and Violent Crimes Kidnapping Unit told the Bellville Magistrate's court that the actions of the woman accused of kidnapping a nine-day-old baby were calculated and posed a risk to society.

Sameemah Jacobs, who faces charges of kidnapping and potentially defeating the ends of justice, appeared in court on Thursday.

She was arrested two days after the disappearance of baby Mogamat Imaad Sharmar.

The baby was allegedly taken from his mother, Imaan Sharmar (also known as Britney Brandt), on June 28 at Middestad Mall in Bellville.

Sharmar believed she was attending a support workshop for single mothers under the banner of the Zoey Project.

Jacobs was later found with the baby, who was unharmed. She was arrested following tip-offs from the community.

During her bail application, 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 during proceedings.

However, Fortuin testified that Jacobs’s actions posed a risk to society.

“The victim is also a nine-day-old child. He has rights too,” Fortuin told the court.

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

Fortuin explained that the organisation had contacted him before the arrest, and that members of the community had expressed concerns about Jacobs’s presence in the neighbourhood.

“The organisation informed me that they would be drafting a petition against her release,” he said.

The petition, supported by a formal memorandum, called on the court to prioritise child safety and public trust in the justice system.

It referenced constitutional and legal duties to protect children from harm, and warned that bail could undermine community confidence.

Jacobs’s Legal Aid lawyer, Asangezwa Mafuya, argued that his client was not a flight risk.

He said she owns a home and vehicle, and has a seven-year-old child who depends on her. He added that Jacobs had cooperated with the police and did not resist arrest.

But Fortuin disagreed, stating: “A house you can sell and flee with the vehicle. The fact that she went with us doesn’t mean she’ll come to court every time.”

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

“The complainant thought she was meeting someone else. The accused disguised herself and misled the victim,” he said.

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

Mafuya questioned whether there was any evidence that Jacobs had poisoned the baby’s mother, which had been suggested informally.

Fortuin clarified: “We’ve never alleged poisoning.”

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.

Cape Times