By Lehlohonolo Lehana.
Reports submitted as part of sentencing proceedings to the Western Cape Division of the High Court have painted Racquel Smith – better known as Kelly, the mother of missing seven-year-old Joshlin – as the mastermind behind her own daughter’s trafficking.
The reports by probation officer Errol Pietersen, a social worker from the Department of Social Development, were read into the record on Tuesday, 27 May.
Her co-accused, Steveno van Rhyn, was described as a menace to society. On 2 May 2025, the three accused, Smith, Van Rhyn and Jacquen Appollis, were found guilty on charges of the kidnapping and human trafficking of Joshlin.
Pietersen said that giving a suspended sentence to the three accused would be wholly unacceptable. Given the gravity of the crime, the outrage of Joshlin’s family, and the community’s demand for justice, it would be appropriate to impose the maximum penalty – life in prison.
Presiding over the court, sitting in Saldanha Bay, Judge Nathan Erasmus expressed his surprise because the Department of Social Development normally recommends a lesser sentence, but in this case went for the jugular.
Pietersen’s report was consistent with earlier evidence by human trafficking expert Dr Marcel van der Watt, who testified virtually from the US.
Smith, her boyfriend Appollis, also known as Boeta, and Van Rhyn were found guilty of the charges stemming from Joshlin’s disappearance on 19 February 2024 from the Middelpos informal settlement in Saldanha Bay.
The three, who pleaded not guilty, had denied the allegations against them throughout the trial. The State had alleged that the accused “sold, delivered or exchanged” Joshlin, a Grade 1 pupil at Diazville Primary, for money.
Appollis and Van Rhyn implicated themselves when they said Joshlin was taken to a supposed sangoma on the day she went missing. Judge Erasmus ruled that the accused’s confessions in the trial were admissible and could be used against them.
The trio chosen to remain silent and did not take the stand or call any witnesses in their defence.
The damning probation report paints a bleak picture of Smith, Appollis and Van Rhyn, stating they have shown no remorse and did not deserve to be considered for a suspended sentence.
On Wednesday, the impact statements were read in the Western Cape Division of the High Court, sitting in Saldanha Bay.
Deonett Boltney, a court preparation officer from the National Prosecuting Authority, read the victim impact statements of Racquel Smith’s mother and Joshlin’s grandmother, Amanda Smit-Daniels; Edna Maart, Joshlin’s school teacher; Cecilia Olivier, one of the mothers who was part of the search team; and Natasha Andrews, a family friend who wanted to adopt Joshlin before she went missing.
Many of those attending cried as the statements were read. Smith cried the loudest, her body shaking as she lay with her head on the table.
The impact statements, which appeared to open the wound of Joshlin’s disappearance, were the final part of the State’s evidence in aggravation of sentencing. The State aimed to convince the court that there was no substantial and compelling evidence to deviate from the minimum sentence of life imprisonment.
The pain and lasting impact on the community is one of the key elements that Judge Nathan Erasmus will take into consideration when meting out sentencing on Thursday, 29 May.
Smith Daniels started her statement by addressing her daughter: “Kelly, you’ve come to make our lives on earth hell. You came to break us and tore us apart. Do you know what it is to lie awake every night and what it feels like? My heart is ripped out of my body because I pray for Joshlin.”
Smith-Daniels went on to say that her pillow was soaked with tears because of Kelly’s actions.
“On Mother’s Day, I cried my eyes out when my grandchildren came to surprise me with breakfast in bed. Didn’t you wish you could have your three children with you?” she asked Kelly.
“You don’t want to take responsibility for your actions. Now you want to play the victim, you looked me in the face and said, ‘Mommy, I will talk to you the next time. I believed you because you said your lawyer said he would speak, but now you will speak after I pleaded with you, but again lies.”
Andrews attached a video compilation of Joshlin with her family to give the court a chance to see and hear Joshlin smiling, laughing, and talking.
The translation of the Afrikaans victims’ impact statement into English also took a toll on court interpreter Pulane Mokoena, who was sobbing while translating.
Legal teams have made their final arguments for Judge Nathan Erasmus to hand down sentencing on Thursday.