Latest news with #Swanepoel
eNCA
a day ago
- eNCA
Prosecutors' pyrrhic victory with Joshlin still missing
CAPE TOWN - It's been just over a week since Kelly Smith, Jacquen Appollis and Steveno Van Rhyn were sentenced to life behind bars for the kidnapping and trafficking of Joshlin Smith. The little girl was reported missing on 19 February last year. She has still not been found. This marked a test case in South Africa as the state had no victim to present to court. eNCA reporter Ayesha Ismail sat down with the two prosecutors who secured the three convictions. This as lawyers for some of those convicted, indicate they'll be appealing the sentence. Different criteria are used when deciding on allocating a specific case to a prosecutor. As the National Prosecuting Authorities head for trafficking in persons in the Western Cape, Advocate Zelda Swanepoel was the obvious choice for the Joshlin Smith case. Swanepoel needed a strong team to help her crack this case and included Advocate Heeramun during the trial. Swanepoel said, "H ow Advocate Heeramun became involved because at the time I was her advisor we are in the organised component of the DPPs office and it was the logical choice to include her as part of the team she has dealt with high profile cases in the past and I believed we could make a good team and we brought different virtues and capabilities to the team.' The two prosecutors understood the challenges of not having a victim to testify. Swanepoel explained, "It was the first time that we used trafficking in persons, where a child was sold and had not yet been recovered. There were three other previous reported cases, two in the High Court in Pretoria and one in Pietermartizburg.' Those three cases involved traps or undercover operations. Police were notified of a transaction taking place. A police agent negotiated the sale and the accused were arrested the minute the child was handed over. This was the first case where there was no victim or body to present to court. The focus had to be on the sale of the child. Heermun said, 'We then had to decide on the credibility, on the admissibility, and how to best present it in court." "You have to anticipate every possible angle the defence might come at your case and prepare in fact and in law for those arguments.' Balancing the evidence and the emotions wasn't always easy. VIZ@ the two prosecutors in court Swanepoel says trafficking in persons is the most challenging case to prove in court due to the vulnerability of the victims. She says prosecutors have to be strong for their victims. So, was Joshlin sold to a sangoma by her mother for R20,000 or was she taken to a woman called Ma Kalima by Jacquen Appolis and Steveno Van Rhyn on Kelly Smith's instructions? Swanepoel said, "Our argument is it's irrelevant to whom Joshlin was delivered because that is in fact the only contentious part in the evidence." "It was however, and this is the evidence that the court accepted, that there was an agreement, there was a plan to sell Joshlin, there was an agreement to sell Joshlin, there was even an agreement on the price. All four of the parties, and I include Miss Lombaard, all four of the parties agreed to the selling of Joshlin. All agreed to the benefit they were going to get and the roles they were going to play and that is what the court found .'
IOL News
a day ago
- Automotive
- IOL News
KZN's most pot-holed riddled road
The pothole riddled R69 that connects Vryheid with Mkuze via Louwsburg is set to get a R421-million upgrade Image: Supplied Farmers and residents who have to navigate the R69 that connects Vryheid with Mkuze via Louwsburg in northern KwaZulu-Natal believe that this was probably the most dangerous road in the province. They claim that there were more than 500 potholes in a single kilometre of the R69. Coenie Swanepoel, a cattle and timber farmer living near Louwsburg, said it was life threatening travelling on that road. "You have to stay focused on that road. You can no longer call them potholes, as they are so deep. People avoid the holes and move onto the oncoming traffic making it extremely dangerous and cause head-on collisions. "We have spent over R60 000 since December on vehicle repairs because of the damage caused by travelling on this road," said Swanepoel. He said the road is mostly gravel with large sections of the road falling away underneath. "It's life-threatening travelling this road. There are accidents all the time. Businesses in this area have either closed or are struggling financially. People no longer want to come to the town to shop. "Tourism is also suffering as people are not visiting a local game reserve. We are small farmers in the area farming cattle, timber, dairy, chicken and vegetables. People are reluctant to come to our farms to do business because of this road," he said. He said a trip that used to take them 35 to 40 minutes from Louwsburg to Vryheid now takes an hour and 15 minutes. 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 ✕ DA MPL Riona Gokool has called for a full report on the status of the R69 be tabled at the next committee meeting, together with a comprehensive plan including budgets and timelines for its full rehabilitation. Image: Supplied Riona Gokool, DA member in the provincial legislature, said for the past two years, community members have submitted monthly complaints to the Department of Transport in Vryheid. "Despite this, the department has failed to act decisively or transparently. A response to written parliamentary questions by the DA in KZN now reveals that the upgrade of this route forms part of the rehabilitation project for Provincial Road P46-2, specifically from kilometre marker 16.00 to 45.00," said Gokool. She said while a contract for rehabilitation work has been awarded, the contractor was currently in the process of fulfilling pre-construction obligations with full-scale construction yet to begin. "In the interim, patchwork maintenance activities have been announced, including blacktop patching and material procurement. However, these "quick fixes" have proved to be ineffective, poorly implemented, and in many cases, more damaging than helpful," she said. Gokool said fixing the R69 was not a luxury, but a lifesaving necessity. "Residents can no longer risk their lives on a road that has been allowed to crumble to ruin. As part of KZN's Government of Provincial Unity (GPU) the DA will continue to push for proper road networks for the people of our province," said Gokool. KwaZulu-Natal Transport MEC Siboniso Duma said they have appointed consultant engineers and a contractor for the rehabilitation of that road. Image: KZN Department of Transport MEC for Transport and Human Settlements Siboniso Duma said the construction project was expected to be completed by October 2026. Duma said they have appointed consultant engineers and a contractor for the rehabilitation of that road. "The department is considering this road as a priority as it is the main link between Abaqulusi Local Municipality, UPhongolo Local Municipality, Umkhanyakude District, and two neighboring countries, such as Swaziland and Mozambique. "As a result, an amount of more than R424 million has been allocated for the rehabilitation of this road," said Duma. He said the department was currently working with local stakeholders to set up a project liaison committee for the duration of the construction. "As soon as the committee is established, we will have a formal stakeholder structure (Transport Forum), which will represent all wards of Abaqulusi Local Municipality and the community at large. "As a representative of the community, this structure, working with the contractor and the department, will ensure that the construction project is completed by October 2026 as per our deadline." he said. Duma said the project has a consultant engineer appointed by the department to monitor the quality of construction, manage finances, and complete the project on time. "Technicians from the department will serve as project managers to monitor the project's performance and implementations. "According to the risk assessment report, this road has reached the end of its lifespan," said Duma. He said with KZN being the logistics hub, there were many trucks carrying coal and chemicals, spillages on the road, adding that the road networks were being damaged and had many defects. "We remain concerned that the prolonged rainfall and floods caused by the cut-off low-pressure system are destroying our road networks across all corners of the province. "The issue of efficiency and rapid repair of potholes is what we are also focusing on. In this regard, we have launched a province-wide campaign focusing on pothole patching with a budget of R216 584 440.26. We are tackling the backlog of 3.12 million m2 of potholes," said Duma. He added that they have procured 55 trucks at a cost of R103 million and will be procuring a further 25 trucks to reinforce the department's efforts to eradicate potholes on our network. SUNDAY TRIBUNE The R69 that connects Vryheid with Mkuze via Louwsburg has reached the end of its lifespan Image: Supplied
IOL News
29-05-2025
- IOL News
Justice for Joshlin: Nation awaits justice for human trafficking and kidnapping convictions
Judge Nathan Erasmus will deliver his sentencing on Thursday. Image: Mallory Munien 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. 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 ✕ 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. IOL
IOL News
11-05-2025
- Business
- IOL News
Residents of Marulani Lodge protest unexpected waste management charges
Residents of Marulani Lodge in Pretoria East are outraged after receiving waste management bills from the City of Tshwane, even though they already pay a monthly levy to a private contractor for waste collection services. Marulani Lodge residents in Pretoria East are outraged after receiving their first-ever waste management bill from the City of Tshwane despite already paying a monthly levy that covers waste collection by a private contractor. At the centre of their complaint was an unexpected R427,40 waste management charge on their April municipal account statements. Residents have expressed disappointment that they were not consulted about the new waste management charges. They are demanding that the City correct their accounts, believing the waste management charges were made in error. Anja Swanepoel, one of the residents, was surprised to see a R427,40 waste management charge on her municipal account as her complex already pays for private waste removal through their monthly levies. She has since emailed the City, requesting the charge be removed and an updated invoice issued before she settles her account. 'I wrote Tshwane an email. I didn't get a reference number but I got an automated email reply. I am sure they are not going to rectify the account and it is just going to be one of those things that will lie there until we pay,' she said. She expressed concern that her rates and services that used to be around R530 have suddenly doubled. Swanepoel said the situation is particularly worrying for the many elderly residents, who rely on social grants and can't afford the new charges. 'I am renting out my unit and I can't charge my tenant that additional amount because it is ludicrous. For the old people it is quite bad because they rely on their pension funds and that additional R427 takes away part of their livelihood,' she said. Resident Magdel du Preez was also caught off guard by the extra charge. She said: 'We were not warned or informed about it. It is an extra for a service I don't get. It is affecting people in our complex and also I heard people in other complexes are running into the same problem.' Former DA MMC for Finance and DA councillor, Jacqui Uys, said in a video message that her party councillors have been contacted by many residents who had previously cancelled the City's waste collection services. To the residents' surprise, she said, the City had reinstated waste collection charges on their accounts last month. 'I have written to the chief financial officer to inquire why residents who have followed the correct procedure to cancel this service are now seeing it back on their accounts without any consultation or the service being delivered. I have asked what is the policy that was used to do so and I am awaiting his feedback,' she said. She advised affected residents to submit individual queries to the municipality, saying once a query is logged and unresolved, residents can proceed to file an official dispute with the City by completing a specific form. She advised residents to pay the undisputed amount on their account while the dispute is being resolved to avoid service disconnection. Municipal spokesperson Lindela Mashigo said: 'The City's Environment and Agriculture Management Department issued notices in November 2024 to all Homeowners Associations, requesting submission of evidence of private waste collection for verification.' He said those who did not provide the required documentation were subsequently billed from April 2025 for waste charges equivalent to one bin. 'Clients may submit proof of private waste collection for review. Upon verification, the charge may be reversed accordingly,' Mashigo said.
IOL News
29-04-2025
- IOL News
The Joshlin Smith case: A pivotal moment in South Africa's battle against child trafficking
In powerful closing arguments on Tuesday, Senior State Advocate Zelda Swanepoel described the Joshlin Smith case as unlike any South Africa has seen before, a heartbreaking story where the victim's voice has not been heard. The six-year-old girl went missing from her Middelpos home in Saldanha Bay on February 19, 2024. Her mother, Racquel 'Kelly' Smith, her boyfriend, Jacquen 'Boeta' Appollis, and their friend, Steveno 'Steffie' van Rhyn, were charged with kidnapping and human trafficking. They have pleaded not guilty. Former accused Lourentia 'Renz' Lombaard testified that Kelly sold her daughter to a sangoma for R20 000. Addressing the Western Cape High Court, Swanepoel explained that in most human trafficking cases, the child is recovered and can testify about what happened. But Joshlin remains missing. Her absence, Swanepoel said, makes this case unprecedented. 'Usually, in a TIP (Trafficking in Persons) case, the most important source of information is the victim,' she told the court. 'In this case, we don't have that.' Drawing on extensive research and a recent article that she submitted as an authority, Swanepoel said that although South Africa has dealt with child trafficking before, those cases were very different. In the past, in three matters, undercover police operations intervened before any actual harm occurred. The children were never fully handed over to criminals. But Joshlin's situation is different. 'This is the first time we are dealing with a case where the child is truly gone,' Swanepoel emphasised. 'That is why this case is so important, not only for justice for Joshlin but also for the development of our law.' According to the State, the evidence shows that Joshlin was sold in a planned agreement between the accused parties. Swanepoel described this as 'modern-day slavery', the commodification of a human being for exploitation. 'A person is never supposed to be a commodity,' she argued. 'It sounds bizarre to the reasonable person that a child could be sold. But sadly, that is the reality we are facing.' Because South African law historically had no crime specifically criminalising the selling of a person, Swanepoel explained that legislation was introduced to close this gap, following international obligations like the Palermo Protocol. Swanepoel broke down the elements of trafficking as set out in South African law under Section 4(1) of the Prevention and Combating of Trafficking in Persons Act (PACOTIP). She explained that trafficking requires three elements: The act - what was done, The means - how it was done, and The purpose - exploitation. However, when the victim is a child, as in Joshlin's case, only two elements are required: the act and the purpose. The 'means' such as force or coercion is not necessary to prove, because children are inherently vulnerable. 'Section 11 of our legislation removes the need to prove the means when a child is trafficked,' Swanepoel said, referring the court to previous cases she had prosecuted where this principle was upheld. Swanepoel urged the court to recognise the gravity of the allegations. 'This is a very important case, not only because of Joshlin, but because it shapes how South Africa protects its most vulnerable.' The trial continues. Cape Argus
