Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
State Prosecutor Advocate Zelda Swanepoel
Image: Ayanda Ndamane/Independent Newspapers
Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic.
While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case.
On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping.
Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind.
Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial.
Joshlin Smith has been missing since February 19, 2024.
Image: Supplied
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'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said.
The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024.
The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order.
'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said.
'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial
She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial.
She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP).
Challenging
Swanepoel said the most challenging matter in this case was the media presence.
'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained.
She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence.
'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said.
She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks.
'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said.
She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media.
'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said.
Success
Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found.
'The court found the specific exploitation in the form of slavery,' she said.
This case was also filled with many firsts for her as a prosecutor.
'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said.
She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said.
Jacquen Appollis, Steveno van Rhyn, and Kelly Smith were sentenced to life imprisonment.
Image: Ayanda Ndamane/Independent Newspapers
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The Star
5 hours ago
- The Star
Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
Robin-Lee Francke | Updated 6 hours ago Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic. While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case. On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping. Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind. Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial. 'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said. The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024. The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order. 'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said. 'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial." She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial. She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP). Swanepoel said the most challenging matter in this case was the media presence. 'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained. She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence. 'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said. She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks. 'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said. She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media. 'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said. Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found. 'The court found the specific exploitation in the form of slavery,' she said. This case was also filled with many firsts for her as a prosecutor. 'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said. She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said. She further thanked Shakira Ganief, known on TikTok as Shakes Warrior for her assistance in getting video clips, and her selflessness in searching for Joshlin and her involvement in the case. Swanepoel also explained it was the first time in the country a Court Preparation Officer read out victim impact statements and further thanked everyone for their statements, especially Natasha Andrews for her heartfelt and personal video of Joshlin, which was played in court. 'This was a team effort. Several civil society organisations, community members were involved. The community really supported us throughout the trial. Always encouraging us, and it was so appreciated. A special thank you to the group of women who prayed every day at court, and the bouquets of flowers we received. I have been a prosecutor for over 30 years, and it is the first time I ever received flowers on a day of judgment,' Swanepoel said. When asked if she believed Joshlin was still alive, Swanepoel said: 'I cling to the hope. I am convinced she was not killed in Saldanha Bay or the surrounding areas. Where she is, I do not know. I can only hope we find her,' Swanepoel said. Speaking on her feelings before judgment and sentencing were handed down, Swanepoel said: 'We did not know how it would go. We were hopeful. The judge was firm. We hoped. We prayed. We all want justice. To me, I always do everything with prayer'. Swanepoel said they were relieved when things went in their favour and believes the sentence handed down was fair. [email protected] IOL
IOL News
12 hours ago
- IOL News
Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
State Prosecutor Advocate Zelda Swanepoel Image: Ayanda Ndamane/Independent Newspapers Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic. While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case. On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping. Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind. Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial. Joshlin Smith has been missing since February 19, 2024. Image: Supplied Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said. The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024. The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order. 'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said. 'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial. She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP). Challenging Swanepoel said the most challenging matter in this case was the media presence. 'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained. She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence. 'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said. She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks. 'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said. She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media. 'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said. Success Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found. 'The court found the specific exploitation in the form of slavery,' she said. This case was also filled with many firsts for her as a prosecutor. 'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said. She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said. Jacquen Appollis, Steveno van Rhyn, and Kelly Smith were sentenced to life imprisonment. Image: Ayanda Ndamane/Independent Newspapers
IOL News
19 hours ago
- IOL News
Gift of the Givers threatened by ‘water mafia' while providing aid to Eastern Cape flood victims
Dr Imtiaz Sooliman, humanitarian and founder of Gift of the Givers, is undeterred by the threats by they received from the "water mafia" while providing aid-relief to the Eastern Cape's flood victims. Image: Armand Hough/ Independent Newspapers IT SEEMS that "water mafia's" greed knows no bounds, not even the devastating floods that claimed the lives of 90 people in the Eastern Cape can melt their hearts. This after humanitarian aid organisation Gift of the Givers' volunteers were intimidated while delivering essential water supplies to the affected residents of Mthatha. In the wake of the intimidation the organisation's drivers had endured, Dr Imtiaz Sooliman, the founder and chairman of Gift of the Givers, fired back at the perpetrators saying that they were "not afraid", and they would continue to serve the needs of community, with the backing of the government and communities. Sooliman detailed the alarming encounters faced by their drivers who were met with threats while transporting much-needed water. 'Given the hardships and difficulties of the people and the fact that 90 people have passed on, the behaviour of the water mafia is totally disgusting,' he declared. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Gift of the Givers teams are now being escorted by police and security officials when delivering water to residents in Mthatha. Image: Gift of the Givers Dr Sooliman appreciates the swift action taken by the South African Police Service (SAPS), which provided a convoy escort—flanked by police vehicles both in front of and behind the charity's water tankers—to ensure safe passage for their operations. 'The situation has completely calmed down. However, we are calling on the community of Mthatha to help us locate a black Toyota Fortuner from which the threat was made; this person needs to be arrested,' he urged. In a bold statement, Sooliman addressed the perpetrators directly, declaring, 'This is a message to all water mafia: we will take you on wherever you are. Gift of the Givers is not afraid of anyone. We have the support of the government, SAPS, SANDF, and above all, we have the support of the communities and the municipalities.' He expressed resolve against those who exploit others' suffering and insisted that 'profiteering from the hardships of people has to stop.' The situation drew the attention of Police Minister Senzo Mchunu, who reacted strongly to the intimidation tactics targeted at Gift of the Givers. He stated, 'It is alleged that members of a so-called 'water mafia' reportedly linked to service providers contracted by the OR Tambo District Municipality threatened Gift of the Givers staff as they distributed clean drinking water to residents impacted by the recent floods.' During a recent visit to Mthatha, Mchunu expressed gratitude to the police for their efforts during the crisis and firmly condemned any attempts to obstruct humanitarian work. 'The police will not tolerate any attempt to intimidate or obstruct those who are working tirelessly to save lives and bring relief to our people,' he asserted. Mchunu noted that any attack on Gift of the Givers was not merely an attack on an organisation but on the very values of Ubuntu that underpin South African society. Further emphasising the commitment to public safety, the Minister assured that law enforcement would act decisively against these threats and also revealed disturbing reports of theft targeting the homes of flood victims. 'We have also been made aware of individuals who go to the homes of those who lost their lives due to these floods, with a view to committing acts of theft,' he warned. Police forces are deployed to ensure the safety of these properties and safeguard the dignity of the deceased and their families. Dr Sooliman welcomed the backing from the Minister and reiterated the significant need for supportive community action to curb such heinous behaviour. DAILY NEWS
