The Western Cape High Court has ordered Zurenah Smit to undergo a 30-day mental observation after revoking her bail, as concerns about her understanding of legal proceedings arise in her murder trial.
Image: Chevon Booysen
Alleged mastermind behind the murder of her husband, Zurenah Smit's R10 000 bail has been revoked with immediate effect and she will now undergo a 30-day mental observation after being referred to Valkenberg Mental Facility to determine if she can follow court proceedings.
This comes after Smit appeared “disillusioned” when court proceedings were expected to begin on Wednesday.
In the morning, Smit, who will celebrate her 60th birthday on Sunday, in the hospital section of Pollsmoor Correctional Facility, told the court that she was waiting for her husband to fetch her to go to the doctor shortly after she took the witness stand at the Western Cape High Court.
Judge Derek Wille had reminded Smit of Monday's proceedings, during which she was cross-examined by the State, and proceedings had to be cut short due to Smit's voice breaking in the late afternoon.
From the witness stand, Smit asked: “Which day was that?”
After Judge Wille reminded her that she was still under oath, she said: “I am waiting for my husband to come. He is fetching me… he said he is coming. I tried to find his number to phone him…”
The Western Cape High Court has ordered Zurenah Smit to undergo a 30-day mental observation after revoking her bail, as concerns about her understanding of legal proceedings arise in her murder trial.
Image: Chevon Booysen
Legal counsel for Smit, Susan Kuun, asked her to clarify what she meant when the accused responded that her husband was fetching her to go to a doctor because she was experiencing headaches.
“Who is the husband that is coming to fetch you? What is his name?” asked Judge Wille.
“Stefan. He's fetching me,” answered Smit.
“Do you realise that this whole trial, which has been running for more than a year, is about the murder of your husband, Stefan Smit?” Judge Wille questioned.
Smit maintained that her husband was fetching her. The matter was stood down for a decision regarding the revocation of her bail and whether she should be sent for a mental observation.
Judge Wille made the order - in which he requested that the observation and report be expedited - as the criminal trial has been going on for more than a year and “this raises concerns about the administration of justice generally”.
Smit will now be detained at the Pollsmoor Hospital section for the duration of her 30-day mental observation.
Meanwhile, Smit's legal counsel, Susan Kuun, who argued that revoking bail was not necessary as Smit has always attended court proceedings and posed no threat to herself or society, indicated that they would appeal the bail revocation.
Judge Wille, after consulting in chambers with counsel, said the crucial question was whether Smit was capable of understanding her bail conditions while she was of the belief that her husband was fetching her - the slain husband, Stefan Smit, around which the murder trial centres.
“As a matter of caution, the investigating officer shall as soon as possible personally take (Smit) to a district surgeon for an examination for an expedited report, which shall be furnished to the court to the prosecution and to the legal representatives of both accused,” said Judge Wille.
The court ordered that Smit be taken to Victoria Hospital for the district surgeon to see her on February 3.
According to the order pending the outcome of the report, her bail was withdrawn and could be reinstated while co-accused Derek Sait remains out on bail.
The matter will resume on March 2, 2026.