Nation awaits verdict in Joshlin Smith human trafficking and kidnapping case
Judge Nathan Erasmus will deliver the long-awaited sentencing for the suspects in the Joshlin Smith disappearance.
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The day the entire nation has been waiting for has arrived - the day of sentencing in the Joshlin Smith disappearance.
Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith will know their fate on Thursday.
On Wednesday, State Advocate Zelda Swanepoel urged the Western Cape High Court to impose the prescribed minimum sentence of life imprisonment for the human trafficking conviction. While she left sentencing on the kidnapping charge to the discretion of the court, she emphasised the severity of the crime.
'We use today's evidence to be the voice of Joshlin,' said Swanepoel.
Judge Nathan Erasmus also referred to the trauma this case has left behind, recalling an earlier statement of Kelly's mother, Amanda Smith Daniels, where she stated she would go in a frantic search for Kelly's son should he be only two minutes later on his way home from school.
'Will Saldanha ever be the same after this case?' Judge Erasmus asked.
'This instance has changed the whole community and changed how we all look at things,' Swanepoel submitted.
She called on the court to take the victim impact statements into account that were handed in as evidence during the morning.
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Swanepoel told the court on the day Joshlin was reported missing, February 19, 2024, Boeta was in a parental position.
Van Rhyn she stated, was identified as a menace to society.
'We have seen Ms Smith getting emotional and crying in court. But, respectfully, I want to say. It's a little too late,' Swanepoel submitted.
Judge Erasmus also advised the trio to bring all their belongings along with them.
'You will probably be transferred to maximum security facilities and will not back to to the prison where you stayed for the night,' he said.
Cape Argus

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The South African
2 days ago
- The South African
Court orders RAF to pay R1.4m to undocumented Malawian
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IOL News
3 days ago
- IOL News
Court orders RAF to honour R1. 4 million payment to undocumented Malawian immigrant injured in car crash
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IOL News
3 days ago
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John Hlophe challenges court ruling on JSC participation
MK Party Deputy President Dr John Hlophe says he will appeal against the Western Cape High Court ruling that barred him from serving in the Judicial Service Commission. Image: Independent Media Impeached Western Cape judge president and uMkhonto weSizwe (MK) Party caucus leader in Parliament, Dr John Hlophe, has vowed to appeal the Western Cape High Court ruling, which barred him from representing his party in the Judicial Service Commission (JSC). Reacting to the decision during the party's media briefing on Tuesday, Hlophe in isiZulu, said 'Ngeke sidlale amajaji la sizodlulisa isinqumo (We are going to appeal the decision).' On Monday, the court set aside a decision by the National Assembly (NA) made in July last year to endorse the recommendation of the MK Party to have him serve as one of its six parliamentarians. The party had nominated Hlophe to serve on the JSC, which empowers him to participate in the appointment of judges. 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 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. Next Stay Close ✕ The JSC was due to conduct interviews for the vacant positions of judges, however, the DA, Freedom Under Law, and Corruption Watch filed an urgent interdict to prevent Hlophe from sitting in the interviews. The court granted an interdict. The matter was heard in February by a full bench of judges from outside the division, after the court previously granted an interdict in favour of the DA, Freedom Under Law, and Corruption Watch, preventing Hlophe from participating in the work of the commission pending this matter. The court said the NA had fundamentally misunderstood the nature of its powers to designate members to serve on the body that interviews candidates to become judges. It added that this seriously threatens the independence of the judiciary and his presence on the JSC would prejudice the commission's ability to do its work. 'Through the impeachment of Dr Hlophe, the National Assembly has effectively already determined that his continued involvement in judicial affairs would diminish public trust,' said the court. It said that by Hlophe trying to appeal this judgment in the first part of this case, he has shown disregard for the authority and integrity of the courts. For this reason, it made an order that a judge removed for gross misconduct may never serve on the JSC. In 2021, the Judicial Conduct Tribunal (JCT) found that Hlophe's conduct breached the provisions of Section 165 of the Constitution and his conduct threatened and interfered with the independence, impartiality of the Constitutional Court. Acting on the recommendations of the JCT, the JSC found Hlophe guilty of attempting to influence two justices of the Constitutional Court to violate their oaths of office to rule in favour of former Jacob Zuma in his arms deal case in 2008. The matter was then referred to the Portfolio Committee on Justice and Correctional Services, which then recommended to the National Assembly to impeach Hlophe. This was eventually approved by Parliament through a vote last year. This meant that Hlophe was stripped of his lifetime title as a judge as well as other perks including lifetime salary. Cape Argus