LEAVE TO APPEAL BLOCKED
Joshlin's mother, Kelly Smith, her boyfriend, Jacquen 'Boeta' Appollis, and Steveno van Rhyn were sentenced on 29 May, and are currently serving life plus 10 years for trafficking in persons and kidnapping.
Judge Nathan Erasmus said that a sentence of life imprisonment, especially in human trafficking of a child, even when a person has shown no remorse, is inappropriate to impose a lighter sentence or allow an appeal on the sentence.
In his ruling on Wednesday, he said: "Turning to the merits and the attack on that, this court made factual findings and drew inferences from circumstantial evidence, and had the benefit of observing witnesses on which I made credibility findings.
"Consequently, the application for leave to appeal, insofar as Mr Appollis on the conviction is refused. Insofar as it relates to Mr Van Rhyn and Ms Smith, it is similarly refused."
Earlier, Erasmus granted indemnity to Section 204 witness Lourentia Lombaard.
Lombaard was the State's star witness in the trial over the disappearance of the green-eyed girl from Middelpos, Saldanha.
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IOL News
3 hours ago
- IOL News
Durban twins to remain behind bars in Prasa manager murder case
Four men who are charged with the murder of a Prasa manager. From left, twin brothers Vukile and Vukani Mchunu, Sandile Sakhile Ngcobo, and Mthandeni Cele. Twin brothers, who have been accused of killing Jacob Khoaele, the regional manager of Passenger Rail Agency of South Africa (Prasa), over a tender, were denied bail when they appeared in the Durban Magistrate's Court on Friday. The court found that the twins failed to provide exceptional circumstances warranting their release, while the State revealed that it was in possession of video footage of the shooting - evidence that will be led during the trial. The State has alleged that Khoaele was murdered after refusing to approve payment for work done by the Mchunu twins, which he deemed substandard. It was also revealed that a former PRASA manager had resigned over similar disputes with the brothers. The brothers, Vukani and Vukile Mchunu, Sandile Sakhile Ngcobo, and Mthandeni Cele have been charged for Khoaele's murder. While the Mchunu brothers applied for bail, their co accused Ngcobo and Cele abandoned their bid. Khoaele was shot dead on January 22, 2025, in La Lucia, while returning from his grandchild's school meeting. The footage showed Khoaele's vehicle being blocked on Shelbourne Road, as he was returning home. Police investigation also revealed that the Prasa manager was followed by a Hyundai Atos on that fateful day. According to the affidavit by investigating officer, Sergeant Nkosinathi Madonsela, which was read by Senior State Prosecutor Calvin Govender in court, the shooters began firing at Khoaele while still in their car, then exited and continued shooting. The incident was captured on a nearby camera, Madonsela said. 'A Hyundai Atos was seen in video footage parked at Khoaele's workplace. The same vehicle is seen leaving Khoaele's workplace, goes to the nearby Sasol garage, and that is when the occupants are seen coming out of it. One goes inside the garage shop to buy airtime and drinks,' Madonsela said. He said after the garage trip, the Atos went back to Prasa and parked there. He said Khoaele left work at 9am and the car followed him. 'After some time, Khoaele is seen driving back to his work, and the suspects were still following him,' he added. Madonsela said the suspects stayed at Prasa until Khoaele left at 4pm, and they followed him. He said near Durban Station, two vehicles, a brown Ford Ranger and a Red Toyota double cab, were seen joining the Atos. Madonsela said the car registrations of the vehicles were visible except for the Toyota. He said the number plates on the Ranger was cloned and the Atos belonged to a woman who said she used it as a Uber service. The woman, who has not been named, said the Atos was driven by Samkelo Shange. Shange was said to have implicated the accused. When Shange was brought in for an interview, he told Madonsela that Ngcobo called him on January 21 in the afternoon and told him to fetch someone from Umlazi V-section the following morning. Shange said when he got to uMlazi, the twins were with three other people. He said Vukani got into the car and told him that they were going to Durban Station. 'When they got there, Vukani told him (Shange) that he was to check someone, and he wanted to see all the vehicles driving inside the Prasa office. Shange parked facing the gate,' Madonsela said. In their application for bail, the twins from Ngonyameni in uMlazi said they were 35 years old and co-owned Masoloma Trading company. Their lawyer, Musawenkosi Mkhize, said the brothers were married - Vukani has six children and Vukile has five. Mkhize said the brothers also co-owned a property valued at R700,000 and cars, which included a Ford Ranger and a Mercedes-Benz. He said the twins stated that they were breadwinners who earned approximately R35,000 a month. Mkhize said his clients ran a business and that their employees had not been paid their salaries due to their incarceration. He added that the Mchunu's were traditional healers who also ran a church and that bail should be granted because the State's case against his clients were weak. 'How are the two applicants linked? The incident occurred around January this year. The number of months has lapsed, arrests were only made in July,' said Mkhize. He said judging by the investigating officer's affidavit, the State relied on a sole witness. However, Magistrate Siyanda Mlaba asked Mkhize to elaborate on his clients "exceptional circumstances", as what he presented did not qualify as such. Govender, said it was the onus of the applicants to prove that they have exceptional circumstances, and they have failed to do so. He told the court that this was a bail application and that all the evidence would be led during the trial. He said the police wanted to ensure they had the right information before making an arrest. 'That is why there was a delay,' said Govender. He submitted that the State was of the view that the twins would interfere with witnesses should they be released on bail. Govender said the previous manager at Prasa had to resign because of the brothers, who wanted to be paid for work that Prasa was not satisfied with. He said Khoale paid with his life because he also refused to pay the twins for work that Prasa was not happy with. 'Everyone at Prasa is afraid of the applicants due to the known fact that they threatened their colleague and killed the other,' Govender added. Delivering his ruling, Magistrate Mlaba said that bail was under Schedule 6 of the Criminal Procedure Act. He said the accused were facing serious allegations, and emphasised that this was a bail application and not a trial. Mlaba criticised Mkhize, saying that while he spoke a lot, he failed to tell the court why his clients should get bail. 'I remember asking him to hit the nail on the head. I even asked him the definition of exceptional circumstances. But the attorney was not giving what I was expecting. I ended up just keeping quiet,' he said. Govender said the Director of Public Prosecutions was yet to decide if Shange would be a Section 204 State witness. The matter was postponed to September 29 for further investigation.
IOL News
11 hours ago
- IOL News
Fisherman faces life in prison for brutal attack on wife amid gender-based violence crisis
The Western Cape High Court found the accused wife abuser would endanger the life of the complainant, and it was not in the interests of justice to have him released. Image: File An accused wife abuser who is alleged to have violently attacked his wife on their ninth wedding anniversary, and faces possible life imprisonment, will remain behind bars after his second attempt for bail was denied by the Western Cape High Court. The 37-year-old father of four was a fisherman in Mossel Bay up until his incarceration in May last year and faces a charge of attempted murder. He sought to appeal against his bail application, which was heard and denied in the Mossel Bay Magistrate's Court. The lower court found that the man would endanger the life of the complainant, and it was not in the interests of justice to have him released. According to court documents, on May 18, last year, the couple had celebrated their anniversary, but the occasion turned sombre when the man accused his wife of infidelity and began beating her with his fists. This was then followed by him telling his wife to undress, and after she fell to the ground, he proceeded to hit her multiple times with a hammer all over her body. 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 attack resulted in her arm being broken. The woman sought help from neighbours, and her husband was then arrested and charged a few days later, on May 22, last year. During his second bail hearing, the man, adamant that he could only afford R300 bail, denied the charges against him and claimed that he caught his wife in bed with another person. The man is expected to go on trial on November 7. The court documents read: 'The State led evidence that the appellant had assaulted the complainant, including by striking her with a hammer so hard that her arm was broken. The medical evidence suggested that the injuries were life-threatening, and photographs put up by the State revealed severe harm to the complainant's face and body. 'Not only this, but evidence was led to show that he had previously assaulted the complainant, and that the complainant had been raped by the appellant's brother in the presence of the appellant and thereafter he had asked the complainant to withdraw charges against his brother. The State also adduced evidence that the complainant is very afraid of the appellant.' In arriving at his decision, Judge Darryl Cooke at the high court said that while he considered the possibility of imposing bail conditions, he was not convinced that this would sufficiently reduce the risk of harm to the complainant. This was also weighed against the man's disposition to violence, as is evident from his past conduct, and the prevalence of gender-based violence in South Africa. Chief Specialist Scientist at the South African Medical Research Council, Professor Naeemah Abrahams, cited statistics that in South Africa, since 2009, three women are killed by an intimate partner per day. Commenting on gender-based violence and reforms needed, Professor Amanda Gouws previously said South Africa had one of the best national gender machineries globally, but this has since been crippled, and there is currently no coherent, active women's or feminist movement. 'Activism now takes the form of sporadic issue-driven action, such as the campaigns by #TotalShutDown and #EndRapeCulture. While this type of activism is laudable, it does not sustain pressure on the government for action. 'There is thus no simple suggestion for how to reduce gender-based violence. All interventions are contextual and political and need to address different dimensions of a multi-dimensional problem,' Professor Gouws had said.
IOL News
12 hours ago
- IOL News
State reveals video evidence in Prasa manager Jacob Khoaele's murder case
Four men who are charged with the murder of a Prasa manager. From left, twin brothers Vukile and Vukani Mchunu, Sandile Sakhile Ngcobo, and Mthandeni Cele. Image: Zimbili Vilakazi The State told the Durban Magistrate's Court that it has video footage of the killing of Passenger Rail Agency of South Africa (Prasa) regional manager Jacob Khoaele, and it intends to lead evidence with it at trial. This was revealed during the bail application of twins who are traditional healers, Vukani and Vukile Mchunu. The twins, together with Sandile Sakhile Ngcobo and Mthandeni Cele, are charged with the murder of Khoaele. The twins, from Mlazi's Ngonyameni, claimed to have a church and could heal people, but the court denied them bail on Friday. 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 ✕ State alleges that Khoaele was killed because he did not want the twins to get payment for the unsatisfying work they did for Prasa. A previous manager reportedly resigned over the same issue. In an affidavit of the investigating officer, Sergeant Nkosinathi Madonsela, which was read by senior prosecutor Calvin Govender, he said Khoaele, who was killed on January 22, 2025, in La Lucia, was boxed by a brown Ford Ranger double cab. The shooters began firing at Khoaele while still in their car, then exited and continued shooting. 'The incident was captured by nearby video footage,' Madonsela said. He said that when Khoaele was boxed on Shelbourne Road, he was coming from his grandchild's school meeting. Additionally, Madonsela said during his investigation, he established that a Hyundai Atos was following Khoaele on the fateful day. 'A Hyundai Atos was seen on footage at Khoaele's work in the morning, parked. The same vehicle is seen leaving Khoaele's work, and it goes to the nearby Sasol garage, and that is when the occupants are seen coming out of it. One goes inside the garage shop to buy airtime and drinks,' Madonsela explained. He said after the garage trip, the Atos went back to Prasa and parked there. He said Khoaele left work at 09.00 in the morning, and the car followed him. 'After some time, Khoaele is seen driving back to his work, and the suspects were still following him,' he added. Madonsela said the suspects stayed at Prasa until Khoaele left at 16.00, and they followed him. He said near Durban Station, two vehicles, a brown Ford Ranger and a Red Toyota double cab, were seen joining the Atos. Madonsela said the car registrations of the vehicles were visible except for that of a Toyota. He said the Brown Ford Ranger was cloned, and the Atos belonged to a lady who said she was using it for Uber. The lady (name unknown) said her Atos was being driven by Samkelo Shange. Shange is said to have implicated the accused. When Shange was brought in for an interview, he told Madonsela that Ngcobo called him on January 21 in the afternoon and told him to fetch someone from Umlazi V-section on January 22 in the morning. Shange said when he got to uMlazi, the twins were with three other people. He said Vukani got into the car and told him that they were going to Durban Station on the side of the buses. 'When they got there, Vukani told him (Shange) that he was to check someone, and he wanted to see all the vehicles driving inside the Prasa office. Shange parked facing the gate,' Madonsela said.
