Latest news with #PreventionandCombatingofTraffickinginPersonsAct
The Citizen
27-05-2025
- The Citizen
Joshlin Smith sentencing: ‘I didn't ask for it,' says defence after witness profiles state prosecutor
Mkabayi argues no one can speak for a victim they have not seen. Jacquen Appollis, Steveno Van Rhyn and Kelly Smith, during sentencing proceedings in the Joshlin Smith kidnapping case at Western Cape High Court on May 23, 2025 in Cape Town, South Africa. Picture: Gallo Images/Brenton Geach Steveno van Rhyn's defence attorney, Nobahle Mkabayi, told the Western Cape High Court in Saldanha on Tuesday that some of the factors that should be considered when sentencing human trafficking cases were not relevant to the Joshlin Smith case. Joshlin's mother, Racquel 'Kelly' Smith, and her co-accused, Jacquen 'Boeta' Appollis and Van Rhyn, returned to the court, where sentencing proceedings began. On 2 May, Judge Nathan Erasmus found that the state succeeded in proving the guilt of the three accused in counts 1 and 2 in the Joshlin Smith disappearance case. ALSO READ: Joshlin Smith trial: Court finds Kelly and co-accused guilty On count 1, he found them guilty of trafficking in persons. They were also found guilty of kidnapping, count 2. Joshlin disappeared from the family's home in Saldanha Bay on 19 February 2024. Joshlin case: Defence grills witness Mkabayi cross-examined expert witness Marcel van der Watt, president of the National Centre on Sexual Exploitation (NCOSE), following his detailed analysis of the case. During the cross-examination, Van Der Watt informed the court that he had been requested by State Prosecutor Zelda Swanepoel to conduct an analysis of the case, and that he would not receive compensation for the work done. 'When arrangements were made, I was not informed I would be compensated. There was no agreement made on compensation. I will not be compensated for this,' he told Mkabayi. She asked him if he had worked with Swanepoel before, to which he admitted. ALSO READ: Joshlin Smith trial: 'I've made an order,' judge tells defence as proceedings get tense 'I absolutely knew Swanepoel. She has been a phenomenal leader in the field of human trafficking. Everyone knows Swanepoel; she has done phenomenal work in this space, particularly in prosecuting trafficking matters. She's an incredible source of knowledge and well-respected for her integrity. So, yes, I definitely knew Swanepoel before this matter,' said Van Der Watt. 'Thank you for that profile, although I didn't ask for it,' said Mkabayi. Human trafficking sentences She then turned to the Prevention and Combating of Trafficking in Persons Act, which lists factors that must be considered by the court when sentencing human trafficking cases. Mkabayi asked, 'Would I be correct if I said you are being compensated for your testimony today?' 'You have listed the factors that the state must look at in considering sentencing human traffickers and kidnappers. Is there any significant role that you know the accused played in human trafficking?' she asked. 'You haven't seen the victim, you haven't interviewed the victim, you don't know the whereabouts of the victim.' ALSO READ: Joshlin Smith trial: State relying on witness who fooled three cops – defence However, Judge Erasmus intervened and told Mkabayi that the section of the Act she was using was not relevant, as it was not in the witness' evidence. 'The witness never mentioned the work in his analysis on Sub C. If you have read the report, which I hope you did. He deals with A, J, F, G and to an extent, I. That's in the report. So, the question you asked is not allowed because it's not part of this witness's evidence. It's clear the question was already asked and answered in the context of listing the factors from A through to L. The question is disallowed for the reasons I've given. I have made a ruling.' 'There is no evidence before this court as to how the victim is kept, because the whereabouts of the victim are not known, and you haven't interviewed the victim yourself,' Mkabayi insisted. The proceedings continue. READ NEXT: Joshlin Smith trial: Defence grills investigating officer
IOL News
04-05-2025
- IOL News
Joshlin Smith's disappearance exposes the vulnerability of South African children
MISSING: Joshlin Smith has been missing since 19 February 2024. Image: Supplied JUDGE Nathan Erasmus delivered his judgment in the Joshlin Smith trial on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay. Joshlin's disappearance gripped the attention of the nation and those who attended proceedings on the day were boisterous in receiving Erasmus' ruling, even though authorities were yet to find the child. The three accused in the matter that was under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced. "Count one — you are guilty of the charge of trafficking in persons. Count two — you are guilty of kidnapping," said Judge Erasmus The accused were Joshlin's mother, Racquel 'Kelly' Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen 'Boeta' Appollis (31) and their 27-year-old friend Steveno 'Steffie' van Rhyn. Racquel 'Kelly' Smith was found guilty of kidnapping and trafficking six-year-old Joshlin Smith in the Western Cape High Court on Friday. Image: Ian Landsberg / Independent Media Later that afternoon, the home that Joshlin lived in was set alight. Lieutenant colonel Malcolm Pojie, a SAPS spokesperson said that the house in Middelpos, Saldanha, was torched on Friday. "We can confirm that Saldanha SAPS registered an arson case for investigation after Kelly Smith's Middelpos dwelling was destroyed by a fire. An adult female had been taken in for questioning," said Pojie. The house where missing six -year-old Joshlin Smith lived in Middelpos, Saldanha, has been burned to the ground following her mother's conviction. Image: Leon Lestrade / Independent Newspapers. Joshlin was reported missing on February 19, 2024 from her Middelpos home and was said to have been in the care of Appollis at the time. She was 6-years-old at the time of her kidnapping. Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery. He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings. Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement. The judge reminded the court of the central charge, and said: 'The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.' While the the verdict was largely well-received by Joshlin's family and community members, they regarded it as a hollow victory. Joshlin's paternal grandmother Rita Yon said in a TV interview that she was "satisfied with Judge Erasmus' judgement", but felt that Kelly needed to "come clean" about the child's whereabouts. "I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is. "That is heartbreaking for me," said Yon. Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa. Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed. "I'm happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination." However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS' net was cast far and wide and they appealed to everyone who could, to assist. "Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it. "We are hoping that we will get closure." About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the "who, where and what, where is Joshlin now". "Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate," Patekile promised. The Western Cape's Director of Public Prosecutions, advocate Nicolette Bell, lauded the work done by the prosecution and investigation teams. 'This case saw the largest number of resources put together from the police, the City of Cape Town, the Navy and the community of Saldanha in the search for Joshlin Smith. The National Prosecuting Authority salutes those who were involved. "I want to appeal to them that our responsibility is not over as long as Joshlin Smith remains missing," said Bell. Celeste Louw from Tears Foundation, an organisation that provides access to free crisis intervention, advocacy, counselling and prevention education services for those impacted by domestic violence and sexual abuse, said Joshlin's matter served as the identity for all other children that were being let down and trafficked. "It shows how vulnerable all our children are and poverty is a driver in this case. What are we doing about this," asked Louw. Additional reporting, Mandilakhe Tshwete DAILY NEWS
IOL News
03-05-2025
- IOL News
‘She was treated like a commodity': All three accused found guilty in Joshlin Smith case
Racquel 'Kelly' Smith was found guilty of kidnapping and trafficking six-year-old Joshlin Smith in the Western Cape High Court on Friday. Image: Ian Landsberg / Independent Media Two months since the Western Cape High Court was proclaimed in Saldanha Bay, judgment was delivered on Friday in the trial of Racquel 'Kelly' Smith, Jacquen 'Boeta' Appollis, and Steveno 'Steffie' van Rhyn for their roles in the disappearance and trafficking of six-year-old Joshlin. Judge Nathan Erasmus, who presided over the case, delivered a detailed judgment that recapped a highly emotive and complex trial that began on March 3. The venue, White City Multipurpose Centre in Diazville, turned courtroom, was proclaimed a High Court venue under special judicial authority due to the extraordinary nature of the case and logistical constraints in the region, and public interest surrounding the case. Joshlin Smith has been missing since February 19, 2024. Image: Supplied Erasmus thanked the community members who prayed and stood vigil outside the courtroom throughout the proceedings. Hours after the judgment, the place Joshlin once called home was burned to the ground. Police spokesperson Lieutenant-Colonel Malcolm Pojie said: 'Saldanha SAPS in the Western Cape registered a case of arson for investigation on Friday evening after Kelly Smith's Middelpos dwelling was destroyed in a fire. 'An adult female has been taken in for questioning.' 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 ✕ Joshlin was last seen on February 19, 2024, from her home in Middelpos, Saldanha Bay. She was last seen around 2pm on the day in question. The State alleged that she was trafficked during that period and brought charges under Section 4 of the Prevention and Combating of Trafficking in Persons Act. Alternate charges included kidnapping, child neglect, and defeating the ends of justice. To prove trafficking, the State needed to show that one or more of the accused delivered, transported, exchanged, or received Joshlin, and that it was done for exploitation or with intent. Over two months, 35 State witnesses were called, including investigating officers, community members, and a co-accused turned State witness, Lourentia 'Renz' Lombaard. Only one defence witness testified during a trial-within-a-trial for Accused 1, Appollis. The trial-within-a-trial focused on whether confessions made by Appollis and Van Rhyn were made freely and voluntarily. Defence counsel argued these statements were obtained through coercion, sleep deprivation, and torture by police at the Sea Border Police Unit Offices. Van Rhyn had testified that he was deprived of food and sleep, assaulted, and forced into a false confession. He said officers put a bag over his head and hit him with a pipe, which later became a crutch when he exited the building injured. Appollis also alleged abuse and coercion. However, the judge noted contradictions in their testimonies, inconsistencies with the timeline, and the lack of credible evidence to support the torture claims. During the arguments, the State said they noted that both accused never called Joshlin by her name but instead referred to her as 'die kind'. However, Judge Erasmus found the police versions more credible and ruled the confessions admissible. Lombaard's testimony was central to the State's case. Though Erasmus acknowledged she was not a perfect witness and had given multiple versions of events, he found her account reliable in key respects. She corroborated details of the plan to 'sell' Joshlin for R20 000, implicating both Appollis and Kelly in the planning and execution. Judge Erasmus recalled the evidence that in 2018, a woman named Natasha Andrews wanted to adopt Joshlin. By 2024, this desire had turned into a motive, as Kelly allegedly told Appollis that she wanted to sell the child because Andrews wouldn't stop asking about her. Kelly's lack of concern during the disappearance, including going to sleep rather than searching for her daughter, struck Erasmus as inconsistent with the behaviour of a distressed parent. As for the evidence of community member Steven Coetzee, who said Kelly spoke about selling her children, Erasmus accepted it as credible and supported Lombaard's version. Erasmus found all three accused guilty on the main charge of human trafficking. He said it was clear from the totality of evidence, particularly from the testimonies of Lombaard and Coetzee, as well as the conduct of the accused, that Joshlin was treated as a 'commodity'. Kelly cried as the crowd cheered in the public gallery, Van Rhyn was rather amused as he giggled, and Appollis showed no emotion as the judgment was handed down. Outside the court, members of the public wept, embracing one another and handing flowers to the State prosecutors. Judge Erasmus's courtroom could only accommodate 230 people, but many more remained outside to hear updates. The disappearance of Joshlin has gripped the country, not only because of the child's fate, which remains unknown, but also because of what it revealed about community trust, systemic failures, and the darkest reaches of exploitation. As Judge Erasmus said: 'It becomes our responsibility to ensure that every child is protected. This case will be remembered, not just for its legal complexity, but for its humanity.' While justice has been served in the eyes of the court, the final chapter is yet to be written. Sentencing is expected to take place after May 9, where the court will weigh the gravity of the crime, the impact on society, and the continued absence of Joshlin. Provincial Commissioner, Lieutenant-General Thembisile Patekile, commended both the investigation and prosecution teams for a job well done under 'difficult circumstances'. He praised lead investigator Captain Wesley Lombard and Brigadier Leon Hanana, who ensured that a strong case was presented before the court. He confirmed the missing person investigation is still open for investigation as Joshlin has not been found. Anti-Gender Based organisation, Ilitha Labantu, said this case is a stark reminder of the vulnerabilities faced by children and serves as a reflection of the continued failures of a society that has, too often, failed to protect its most vulnerable members. Spokesperson Siyabulela Mamkeli said: 'While we acknowledge the existence of robust laws and frameworks designed to protect children from such heinous acts, the tragic truth remains that these legal structures are not always sufficient in preventing the abuse and exploitation of children. 'The very fact that tragedies like this continue to unfold despite these laws points to a deeper, systemic failure within both societal institutions and the justice system itself.
IOL News
02-05-2025
- IOL News
Joshlin Smith case: Accused convicted, but the search for the missing child continues
MISSING: Joshlin Smith has been missing since 19 February 2024. Image: Supplied TWO months after beginning with trial proceedings for the missing 6-year-old Joshlin Smith, Judge Nathan Erasmus delivered his judgment in the matter on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay.. The three accused in the matter that is under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced. The accused were Joshlin's mother, Racquel 'Kelly' Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen 'Boeta' Appollis (31) and their 27-year-old friend Steveno 'Steffie' van Rhyn . Joshlin was reported missing on February 19, 2024 from her Middelpos, Saldanha Bay home and was said to have been in the care of Appollis at the time. Judge Nathan Erasmus presided over the Joshlin Smith matter. Image: Ayanda Ndamane / Independent Newspapers Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery. He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings. Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement. The judge reminded the court of the central charge, and said: 'The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.' 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 ✕ While the the verdict was largely well-received by Joshlin's family and community members, they regarded it as a hollow victory. Joshlin's paternal grandmother Rita Yon said in a TV interview that she was "satisfied with Judge Erasmus' judgement", but felt that Kelly needed to "come clean" about the child's whereabouts. "I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is. "That is heartbreaking for me," said Yon. Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa. Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed. "I'm happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination." However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS' net was cast far and wide and they appealed to everyone who could, to assist. "Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it. "We are hoping that we will get closure." About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the "who, where and what, where is Joshlin now". "Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate," Patekile promised.
IOL News
02-05-2025
- IOL News
Joshlin Smith accused convicted, but family appealed to the mother to "come clean about the child's whereabouts
MISSING: Joshlin Smith has been missing since 19 February 2024. Image: Supplied TWO months after beginning with trial proceedings for the missing 6-year-old Joshlin Smith, Judge Nathan Erasmus delivered his judgment in the matter on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay.. The three accused in the matter that is under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced. The accused were Joshlin's mother, Racquel 'Kelly' Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen 'Boeta' Appollis (31) and their 27-year-old friend Steveno 'Steffie' van Rhyn . Joshlin was reported missing on February 19, 2024 from her Middelpos, Saldanha Bay home and was said to have been in the care of Appollis at the time. Judge Nathan Erasmus presided over the Joshlin Smith matter. Image: Ayanda Ndamane / Independent Newspapers Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery. He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings. Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement. The judge reminded the court of the central charge, and said: 'The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.' 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 ✕ While the the verdict was largely well-received by Joshlin's family and community members, they regarded it as a hollow victory. Joshlin's paternal grandmother Rita Yon said in a TV interview that she was "satisfied with Judge Erasmus' judgement", but felt that Kelly needed to "come clean" about the child's whereabouts. "I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is. "That is heartbreaking for me," said Yon. Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa. Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed. "I'm happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination." However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS' net was cast far and wide and they appealed to everyone who could, to assist. "Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it. "We are hoping that we will get closure." About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the "who, where and what, where is Joshlin now". "Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate," Patekile promised.
