By Lehlohonolo Lehana.
Judge Nathan Erasmus has sentenced Joshlin Smith’s mother, Racquel “Kelly” Smith, along with her co-accused, Jacquen “Boeta” Appollis and Steveno van Rhyn, to life sentences for human trafficking.
This brings an end to the trial, which began on 3 March 2024 in the Western Cape High Court, sitting in the Multipurpose Centre in Saldanha Bay. It resulted in the conviction of Smith, Appollis, and Van Rhyn on counts of human trafficking and kidnapping stemming from Joshlin’s disappearance on 19 February 2024.
Smith, her boyfriend Appollis and their friend Van Rhyn were convicted on charges stemming from Joshlin’s disappearance from the Middelposinforal settlement in Saldanha Bay.
The court relied heavily on the testimony of State witness Laurentia Lombaard, who was a former accused in the case, who testified that Smith said she had sold Joshlin, then a six-year-old Grade 1 pupil at Diazville Primary, to a sangoma for R20,000.
Smith also told an acquaintance of her plans to sell her daughter. Lombaard testified that Appollis and Van Rhyn were party to the deal and the court heard from police that the trio did not appear overly concerned about Joshlin’s disappearance, despite the widespread search for the six-year-old.
The State called for life imprisonment in terms of Section 51 (1) of the Criminal Law Amendment Act 105 of 1977, on the main count of trafficking in persons.
There were whoops of joy from the multi-purpose centre in Saldanha Bay, where the trial has been sitting for the past two months, when Erasmus handed down the life sentence.
He said all three would have their names added to the child protection register.
The whereabouts of the child, who was six years old when she went missing on 19 February 2024 from the shack she lived in with Smith, Appollis and two siblings in the Middelpos area of Saldanha, remain unknown.
“This is the most difficult element in any trial,” Erasmus said as he began the sentencing, reiterating that decisions of such magnitude could not be made in anger.
Erasmus reaffirmed that sentencing must strike a balance. While not bound solely by statutory minimums, the seriousness of the crime demanded a severe response.
“I don’t need to stress the seriousness … Kidnapping of a six-year-old, depriving her of freedom of movement and liberty,” he said.
Defence counsel had argued there was no evidence that Joslin was harmed. Erasmus dismissed this claim outright. “There is no merit in such an argument. Depriving someone of liberty and movement cannot at least go without emotional harm.”
While the defence had urged the court to focus on rehabilitation, Erasmus said that in this case, rehabilitation would not be a priority. He commended probation officer Errol Pietersen for his comprehensive pre-sentencing reports on all three accused, produced under tight time constraints at the judge’s own request.
A jubilant scene erupted in the court shortly after it adjourned. Family members and courtgoers wore white roses with yellow lint — the white representing the innocence of missing children and yellow the ongoing search for Joshlin.
The sentencing was issued during Child Protection Week, which runs from 25 May to 1 June.
Advocate Nicollete Bell, the Western Cape Director of Public Prosecutions, welcomed the sentences, emphasising that the case was testimony to the National Prosecuting Authority’s (NPA) commitment to protect the rights of children.
“The theme of Child Protection Week is South Africa’s Children. It is all of our responsibility. That is also what the judge spoke about. Sadly, six-year-old Joshlin is still missing. We urge the community and everybody to continue looking for her.
Thursday’s result is also a testimony of what happens if communities, stakeholders and everybody work together as a collective, then we have positive outcomes like this, where the judge, in his own words, said: ‘The community wants their dignity back.’ They were instrumental in getting their dignity back and in the search for Joshlin,” Bell said.
Western Cape police boss Lieutenant-General Thembisile Patekile told the media that Joshlin’s missing persons docket was still open, and that the South African Police Service will not rest until they found out what happened.
“We are continuing day and night, and we still are appealing to everybody to come forward with any information. The search for Joshlin has gone outside the country, and we are in contact with Interpol and other police agencies. We hope that one day we will find out what happened to Joshlin,” he said.
He also noted the importance of the community standing together and mobilising quickly to search for Joshlin.
The defence is expected to appeal against the conviction and sentencing decisions. On Thursday, Judge Erasmus decided not to consider any appeals against the conviction or sentence.